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MONDAY, JANUARY 22, 2001

CERTIORARI -- SUMMARY DISPOSITION

00-5949 SMITH, MIKE V. UNITED STATES

    The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Apprendi v. New Jersey, 530 U.S. 466 (2000).

ORDERS IN PENDING CASES

00M58 SHIREY, CADY, ET AL. V. ALEXANDRIA SCHOOL BOARD

    The motion to direct the Clerk to file a petition for a writ of certiorari out-of-time is denied.

105, ORIG. KANSAS V. COLORADO

    The motion of Colorado for leave to file a reply to the brief of the United States is granted, and the parties are allowed to and including February 2, 2001, within which to file replies. The Exceptions to the Report of the Special Master are set for oral argument in due course.

99-1815 NLRB V. KY RIVER COMMUN. CARE, INC.

    The motion of Service Employees International Union, et al., for leave to file a brief as amici curiae is granted. The motion of American Nurses Association for leave to file a brief as amicus curiae is granted.

99-1848 BUCKHANNON BOARD & CARE HOME V. WV DEPT. HEALTH & HUMAN
99-2047 PALAZZOLO, ANTHONY V. RHODE ISLAND, ET AL.
00-152 LUJAN, CA LABOR COMM'R V. G & G FIRE SPRINKLERS, INC.

    The motions of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument are granted.

99-1884 LACKAWANNA CTY. D. A., ET AL V. COSS, EDWARD R.

    The motion of Colorado for leave to participate in oral argument as amicus curiae and for divided argument is granted.

99-1977 SAUCIER, DONALD V. KATZ, ELLIOT, ET AL.

    The motion of Criminal Justice Legal Foundation for leave to file a brief as amicus curiae is granted.

99-7791 ZADVYDAS, KESTUTIS V. UNDERDOWN, LYNNE, ET AL. with
    00-38 RENO, ATTY. GEN., ET AL. V. MA, KIM H.
The motion of respondent Ma and petitioner

    Zadvydas for additional time for oral argument and for divided argument is granted.

00-6374 BECKER, DALE G. V. MONTGOMERY, ATTY. GEN. OF OH

    The motion for appointment of counsel is granted and it is ordered that Jeffrey S. Sutton, Esquire, of Columbus, Ohio, is appointed to serve as counsel for the petitioner in this case. CERTIORARI GRANTED

00-795 RENO, ATTY. GEN., ET AL. V. FREE SPEECH COALITION

    The petition for a writ of certiorari is granted.

99-1786 GREAT-WEST LIFE INS., ET AL. V. KNUDSON, JANETTE, ET VIR

    The motion of Central States, Southeast and Southwest Areas Health and Welfare Fund for leave to file a brief as amicus curiae is granted. The motion of Self-Insurance Institute of America, Inc., for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is granted limited to Question 1 presented by the petition.

00-507 CHICKASAW NATION V. UNITED STATES

    The motion of Shakopee Mdewakanton Sioux (Dakota) Community, et al., for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is granted.

00-511 VERIZON COMMUNICATIONS V. FCC, ET AL. with
    00-555 WorldCOM, INC., ET AL. V. VERIZON COMMUNICATIONS
    00-587 FCC, ET AL. V. IOWA UTILITIES BD., ET AL.
    00-590 AT&T CORP. V. IOWA UTILITIES BD., ET AL.
    00-602 GEN. COMMUNICATIONS, INC. V. IOWA UTILITIES BD., ET AL.
The petitions for writs of certiorari are granted

    limited to the following questions: 1) Whether the court of appeals erred in holding that 47 U.S.C. Sec. 252(d)(1) (Telecommunications Act of 1996) forecloses the cost methodology adopted by the FCC, which is based on the efficient replacement cost of existing technology, for determining the interconnection rates that new entrants into local telecommunications markets must pay incumbent local telephone companies. 2) Whether the court of appeals erred in holding that neither the Takings Clause nor the Telecommunications Act of 1996 requires incorporation of an incumbent local exchange carrier's "historical" costs into the rates that it may charge new entrants for access to its network elements. 3) Whether 47 U.S.C. Sec. 251(c)(3) prohibits regulators from requiring that incumbent local telephone companies combine certain previously uncombined network elements when a new entrant requests the combination and agrees to compensate the incumbent for performing that task. The cases are consolidated and a total of one hour is allotted for oral argument. Justice O'Connor took no part in the consideration or decision of these petitions.

00-832 NATL. CABLE TV ASSN., INC. V. GULF POWER CO., ET AL. with
    00-843 FCC, ET AL. V. GULF POWER CO., ET AL.
The motion of AT&T Wireless Services, Inc., et al.,

    for leave to file a brief as amici curiae is granted. The petitions for writs of certiorari are granted limited to the following questions: 1) Whether those provisions of the Pole Attachments Act apply to attachments by cable television systems that are simultaneously used to provide high-speed Internet access and conventional cable television programming. 2) Whether those provisions of the Pole Attachments Act apply to attachments by providers of wireless telecommunications services no less than to attachments by providers of wireline telecommunications services. The cases are consolidated and a total of one hour is allotted for oral argument. Justice O'Connor took no part in the consideration or decision of this motion and these petitions.

CERTIORARI DENIED

99-1548 TURAY, RICHARD G. V. WASHINGTON
99-8629 CAMPBELL, ELMER V. WASHINGTON
99-9855 RILEY, STEVEN L. V. UNITED STATES
00-375 GREENVILLE COUNTY V. HARKINS, TERESA, ET AL.
00-619 REGAL CINEMAS, INC. V. MAYFIELD HEIGHTS, OH, ET AL.
00-674 JONES, LINDA V. BAYER CORP.
00-689 BOLTON, MICHAEL, ET AL. V. THREE BOYS MUSIC CORP.
00-705 KANG, MANJIT V. LOUISIANA, ET AL.
00-735 DEXTER, CYNTHIA D. V. PRUDENTIAL INSURANCE CO.
00-813 SELF-REALIZATION FELLOWSHIP V. ANANDA CHURCH, ET AL.
00-816 MONTGOMERY CTY., MD, ET AL. V. WRIGHT, ROBERT E., ET AL.
00-818 CHESTNUT RIDGE VOL. FIRE CO. V. GOLDSTEIN, SCOTT
00-824 PALMER, SYLVESTER V. TRANSIT MGMT. SE LA, ET AL.
00-825 MINDGAMES, INC. V. WESTERN PUBL. CO., INC.
00-827 PAYNE, B. J. vs. HINDS, CLIFFORD M.
00-833 LEHTO, KEITH A. V. TEXAS
00-839 RIVET, MARY A., ET AL. V. REGIONS BANK, ET AL.
00-851 MOORE, BRUCE V. CALIFORNIA
00-855 ANSELMO, PHILLIP E. V. COLORADO, ET AL.
00-858 BAREFOOT, LYNDA G. V. THERMO INDUS., INC., ET AL.
00-864 COMMUNICATIONS WORKERS, ETC. V. AMERITECH BENEFIT PLAN
00-870 TITTUS, HANS H. V. NationsBANK OF TEXAS, ET AL.
00-871 CHICAGO HEIGHTS, IL, ET AL. V. HARPER, RON, ET AL.
00-873 LIPKO, ANDREW V. CHRISTIE, MARGARET
00-889 SMITH, CLYDE W. V. WILLIAMS, DONNA L.
00-893 MILTON, QUINTIN L. V. JACKSON PUBLIC SCHOOLS
00-913 KERSEY, GEORGE E. V. CRANE, DANIEL C., ET AL.
00-920 SOLOMON, ALPHONSO, ET UX. V. MILBANK, ROBERT
00-937 DOWNEY, GERALD V. MOORE, SEC., FL DOC
00-990 GREEN, STEPHEN M. V. UNITED STATES
00-5934 JONES, WILLIAM T. V. ILLINOIS
00-6007 STOECKER, WILLIAM J. V. UNITED STATES
00-6119 ROBERTS, RONALD V. UNITED STATES
00-6142 GEORGE, ROBERT L. V. UNITED STATES
00-6303 WRIGHT, GREGORY E. V. TEXAS
00-6673 DUPUY, BUFORD A. V. CAIN, WARDEN
00-6699 WILLIAMS, EDWARD E. V. INDIANA
00-6743 BRADLEY, DANNY J. V. NAGLE, WARDEN, ET AL.
00-7096 JAMES, TERRANCE A. V. GIBSON, WARDEN, ET AL.
00-7106 ARMSTRONG, ANDRE L. V. OKLAHOMA
00-7114 SUBLETT, VERNON V. DORMIRE, SUPT., ET AL.
00-7134 MARTINEZ, JOE V. WILLIAMS, WARDEN, ET AL.
00-7135 KENNEDY, KEVIN V. SENKOWSKI, SUPT., CLINTON
00-7140 KECK, JAMES V. WILLIAMS, WARDEN, ET AL.
00-7141 LUCERO, RAYMOND V. WILLIAMS, WARDEN, ET AL.
00-7148 MAULDEN, DAVID D. V. TERHUNE, DIR., CA DOC
00-7149 JONES, JAMES S. V. SMITH, WALTER S., ET AL.
00-7153 JIMERSON, STEVE G. V. KEMNA, SUPT., CROSSROADS
00-7154 WELLS, ROBERT R. V. FLORIDA, ET AL.
00-7157 TWILLIE, THOMAS L. V. BRENNAN, SUPT., ALBION
00-7158 TORRES, LAYBE V. WILLIAMS, WARDEN, ET AL.
00-7168 ANDERSON, OTHA B. V. CHRANS, WARDEN
00-7171 LEWIS, TERRY L. V. MOORE, SEC., FL DOC
00-7178 BAUMER, WILLIAM J. V. CALIFORNIA
00-7183 D'AMBROSIO, JOE V. OHIO
00-7195 RAY, DEXTER J. V. WETHERINGTON, COMM'R, GA DOC
00-7203 RAZOR, KEVIN A. V. CHANDLER, WARDEN
00-7211 ALCALA-SANCHEZ, SERGIO V. UNITED STATES
00-7253 KEEN, GARY V. ENSTAR NATURAL GAS CO.
00-7285 SILKMAN, ELTON H. V. UNITED STATES
00-7288 OLIVER, JOSEPH J. V. KYLER, SUPT., HUNTINGDON
00-7291 LAMBERT, ANTHONY, ET UX. V. WILLIAMS, BRENDA G., ET AL.
00-7296 LEONARD, DULSEENA J. V. GOBER, ACTING SEC. OF VA
00-7301 DENNEY, DALE M. L. vs. KANSAS
00-7305 CANFIELD, RUSSELL B., ET UX. V. AMERICAN EUROCOPTER CORP.
00-7316 SINGH, RAJIV K. V. COUNCIL/BUREAU FOR PRIVATE
00-7327 ROMERO, CRAIG P. V. BATTLES, WARDEN
00-7341 TILLI, DANIEL V. HUD, ET AL.
00-7359 BRAXTON, MICHAEL J. V. NORTH CAROLINA
00-7361 PURDLE, DAVID R. V. GROESCH, WARDEN
00-7377 HAWKS, ANTHONY D. V. UNITED STATES
00-7395 FOSTER, CHRISTOPHER V. UNITED STATES
00-7400 CARROZZI, ANTHONY V. UNITED STATES
00-7408 GREEN, TIMOTHY V. GAMMON, SUPT., MOBERLY
00-7417 GASTON, ALTERICK V. POWELL, WARDEN
00-7458 JACKSON, TONY V. UNITED STATES
00-7462 GUERRA, ROLANDO V. UNITED STATES
00-7468 DE LA CRUZ, DIONEL V. LOWER RIO GRANDE VALLEY
00-7497 CARTER, JARROT V. UNITED STATES
00-7499 MITCHELL, WALLACE G. V. UNITED STATES
00-7500 NYHUIS, DOUGLAS V. UNITED STATES
00-7501 RODRIGUEZ, JOSE C. V. UNITED STATES
00-7503 WHITT, JOHN R. V. UNITED STATES
00-7504 WEBB, JUSTIN V. UNITED STATES
00-7506 PETERSON, ALVIN V. UNITED STATES
00-7507 GREEN, THOMAS A. V. UNITED STATES
00-7510 CRANDON, RICHARD C. V. UNITED STATES
00-7512 ZUNIGA, ERWIN A. V. UNITED STATES
00-7515 McCULLOUGH, PERRY A. V. UNITED STATES
00-7516 CONSOLVO, CARL D. V. UNITED STATES
00-7527 QUEENSBOROUGH, KEENE C. V. UNITED STATES
00-7537 SELLERS, PERNELL J. V. UNITED STATES
00-7544 KINDER, DAVID V. PURDY, WARDEN
00-7551 McLAUGHLIN, DIANE L. V. UNITED STATES
00-7557 LORENZO-PEREZ, JORGE V. UNITED STATES
00-7561 WILSON, TROY V. UNITED STATES
00-7565 LaVENTURE, CARL G. V. FLORIDA
00-7571 CARANTO, ARTURO V. UNITED STATES
00-7572 ESQUIVEL-MORELOS, JOSE V. UNITED STATES
00-7573 ECHEVARRIA, PEDRO V. UNITED STATES
00-7575 JOHNSON, RAPHAEL N. V. UNITED STATES
00-7576 PIERCE, WILLIAM J. V. UNITED STATES

    The petitions for writs of certiorari are denied.

00-606 SUMMIT PROPERTIES, ET AL. V. HOECHST-CELANESE, ET AL.
00-653 PUBL. SVC. COMMN. WI, ET AL. V. WISCONSIN BELL, INC., ET AL. with
    00-744 IL COMMERCE COMM'N, ET AL. V. MCI TELECOMMUNICATIONS CORP.
00-842 BRADNEY, JACKIE L., ET AL. V. E.I. DUPONT DE NEMOURS

    The petitions for writs of certiorari are denied. Justice O'Connor took no part in the consideration or decision of these petitions.

00-819 CORP. COUNSEL OF NYC V. ERIK M.

    The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.

00-874 MATTHEWS, MICHAEL S. V. HOWARD CTY., MD, ET AL.

    The motion of Center for Equal Opportunity, et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied.

00-880 BARNES, VERNICESA F. V. McDONALD'S CORP.

    The petition for a writ of certiorari is denied. Justice Breyer took no part in the consideration or decision of this petition.

00-7146 LAU, GILBERT V. MEDDAUGH, MARK M., ET AL.

    The petition for a writ of certiorari before judgment is denied.

00-7160 ATRAQCHI, MICHAEL R., ET UX. V. WILLIAMS, MAYOR OF DC, ET AL

    The motion of petitioners for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioners have repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioners unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U.S. 1 (1992) (per curiam). Justice Stevens dissents. See id., at 4, and cases cited therein.

COMMON LAW CERTIORARI DENIED

00-7425 IN RE BRUCE KING

    The petition for a common law writ of certiorari is denied.

HABEAS CORPUS DENIED

00-7629 IN RE JOHN D. WILLIAMS
00-7648 IN RE JOSE ALMONTE-NUNEZ
00-7661 IN RE CRAIG LAWRENCE THOMAS

    The petitions for writs of habeas corpus are denied.

MANDAMUS DENIED

00-7139 IN RE ROBERT L. PEPPER
00-7150 IN RE JEAN B. JONES
00-7471 IN RE MARGARET E. BRODERICK

    The petitions for writs of mandamus are denied.

00-7137 IN RE SAMMY L. PAGE

    The petition for writ of mandamus and/or prohibition is denied.

REHEARINGS DENIED

00-295 SIDDIQUI, SAADAT A. V. NORTHERN TELECOM, INC.
00-297 LIVINGSTON DOWNS RACING ASSN V. LA STATE RACING COMM.
00-510 SMITH, WILLIAM R. V. OREGON STATE DEPT. OF REV.
00-585 THAT, DINH T. vs. 3D SYSTEMS, INC., ET AL.
00-715 ROBERTSON, KEITH V. COMPTROLLER OF TREAS. OF MD
00-762 METCALF, BRADFORD V. UNITED STATES
00-5313 SIMPSON, FAYE W. vs. FL DOC
00-5938 LIU, LUYA V. NAOMI, YOSHIZAKI, ET AL.
00-6175 CORNELIUS, E. FRANK V. MITCHUM, ROBERT W., ET AL.
00-6241 ARCHER, DONNA M. V. VALLEY HEALTHCARE CORP.
00-6315 WENGER, WALTER S. V. CANASTOTA SCHOOL DIST.
00-6442 HOLMAN, MICHAEL V. KEMNA, SUPT., CROSSROADS
00-6698 VALOIS, ROBERT V. UNITED STATES

    The petitions for rehearing are denied.

00-5458 CLARKE, KEITHROY N. V. UNITED STATES

    The motion for leave to file a petition for rehearing is denied.

ATTORNEY DISCIPLINE

D-2213 IN THE MATTER OF DISBARMENT OF JAMES R. GAILEY

    James R. Gailey, of Miami, Florida, having been suspended from the practice of law in this Court by order of November 27, 2000; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that James R. Gailey is disbarred from the practice of law in this Court.

D-2214 IN THE MATTER OF DISBARMENT OF THOMAS R. HENDERSHOT

    Thomas R. Hendershot, of Greenbelt, Maryland, having been suspended from the practice of law in this Court by order of November 27, 2000; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Thomas R. Hendershot is disbarred from the practice of law in this Court.

D-2232 IN THE MATTER OF DISBARMENT OF DAVID MICHAEL ADAMS

    David Michael Adams, of Charleston, South Carolina, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

D-2233 IN THE MATTER OF DISBARMENT OF STEWART IRWIN MANDEL

    Stewart Irwin Mandel, of University Heights, Ohio, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

D-2234 IN THE MATTER OF DISBARMENT OF FRANK EDWARD LITTLE

    Frank Edward Little, of Mercer, Pennsylvania, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.