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TUESDAY, SEPTEMBER 25, 2007
ORDERS IN PENDING CASES
06-43STONERIDGE INVESTMENT V. SCIENTIFIC-ATLANTA, INC., ET AL.
The motion of the Solicitor General for leave to participate
in oral argument as amicus curiae and for divided argument is
granted. Justice Breyer took no part in the consideration or
decision of this motion.
06-713WASHINGTON STATE GRANGE V. WA REPUBLICAN PARTY, ET AL. with
06-730WASHINGTON, ET AL. V. WA REPUBLICAN PARTY, ET AL.
The motion of petitioners for divided argument is denied.
06-856LaRUE, JAMES V. DeWOLFF, BOBERG & ASSOC., INC.
The motion of the Solicitor General for leave to participate
in oral argument as amicus curiae and for divided argument is
granted. The motion of respondents to dismiss the writ of certiorari is denied.
06-984MEDELLIN, JOSE E. V. TEXAS
The motion of the Solicitor General for leave to participate
in oral argument as amicus curiae and for divided argument is
granted.
06-7949GALL, BRIAN M. V. UNITED STATES
The motion of petitioner for appointment of counsel is granted. Jeffrey T. Green, Esquire, of Washington, D.C., is appointed to serve as counsel for the petitioner in this case.
06-8273DANFORTH, STEPHEN V. MINNESOTA
The motion of Kansas for leave to participate in oral
argument as amicus curiae and for divided argument is denied.
06-9130ALI, ABDUS-SHAHID M. S. V. FED. BUREAU OF PRISONS, ET AL.
The motion of petitioner for appointment of counsel is granted. Jean-Claude Andre, Esquire, of Los Angeles, California, is appointed to serve as counsel for the petitioner in this case.
CERTIORARI GRANTED
06-937QUANTA COMPUTER, INC., ET AL. V. LG ELECTRONICS, INC.
06-1037KENTUCKY RETIREMENT SYS., ET AL. V. EEOC
06-1082VIRGINIA V. MOORE, DAVID L.
The petitions for writs of certiorari are granted. The briefs of petitioners are to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday, November 5, 2007. The briefs of respondents are to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Monday,
December 3, 2007. Reply briefs, if any, are to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Friday, December 28, 2007. Briefs of amici curiae are to be
filed with the Clerk and served upon counsel for the parties on
or before 2 p.m., 7 days after the brief for the party
supported is filed, or if in support of neither party, within 7
days after the petitioner’s brief is filed.
06-1181DADA, SAMSON T. V. KEISLER, ACTING ATT'Y GEN.
The petition for a writ of certiorari is granted limited to
the following Question: "Whether the filing of a motion to
reopen removal proceedings automatically tolls the period within
which an alien must depart the United States under an order
granting voluntary departure." The brief of petitioner is to be
filed with the Clerk and served upon opposing counsel on or
before 2 p.m., Monday, November 5, 2007. The brief of
respondent is to be filed with the Clerk and served upon
opposing counsel on or before 2 p.m., Monday, December 3, 2007.
A reply brief, if any, is to be filed with the Clerk and served
upon opposing counsel on or before 2 p.m., Friday, December 28,
2007. Briefs of amici curiae are to be filed with the Clerk and
served upon counsel for the parties on or before 2 p.m., 7 days
after the brief for the party supported is filed, or if in
support of neither party, within 7 days after the petitioner's
brief is filed.
06-1321GOMEZ-PEREZ, MYRNA V. POTTER, POSTMASTER GEN.
06-1346ALI, AHMED V. ACHIM, DEBORAH, ET AL.
06-1413MEADWESTVACO CORP. V. IL DEPT. OF REVENUE, ET AL.
06-1431CBOCS WEST, INC. V. HUMPHRIES, HEDRICK G.
The petitions for writs of certiorari are granted. The
briefs of petitioners are to be filed with the Clerk and served
upon opposing counsel on or before 2 p.m., Monday, November 5,
2007. The briefs of respondents are to be filed with the Clerk
and served upon opposing counsel on or before 2 p.m., Monday,
December 3, 2007. Reply briefs, if any, are to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Friday, December 28, 2007. Briefs of amici curiae are to be
filed with the Clerk and served upon counsel for the parties on
or before 2 p.m., 7 days after the brief for the party
supported is filed, or if in support of neither party, within 7
days after the petitioner’s brief is filed.
06-1457MORGAN STANLEY CAPITAL GROUP V. PUBLIC UTILITY DIST. 1, ET AL. with
06-1462CALPINE ENERGY SVCS., ET AL. V. PUBLIC UTILITY DIST. 1, ET AL.
The motion of Golden State Water Company for disqualification of counsel in No. 06-1457 is denied. The petitions for writs of
certiorari are granted. The cases are consolidated and a total
of one hour is allotted for oral argument. The brief of
petitioners is to be filed with the Clerk and served upon
The brief of respondents is to be filed with the Clerk and
served upon opposing counsel on or before 2 p.m., Monday,
December 3, 2007. A reply brief, if any, is to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Friday, December 28, 2007. Briefs of amici curiae are to be
filed with the Clerk and served upon counsel for the parties on
or before 2 p.m., 7 days after the brief for the party supported
is filed, or if in support of neither party, within 7 days after
the petitioners’ brief is filed. The Chief Justice and Justice
Breyer took no part in the consideration or decision of this
motion and these petitions.
06-1463PRESTON, ARNOLD M. V. FERRER, ALEX E.
The petition for a writ of certiorari is granted. The brief
of petitioner is to be filed with the Clerk and served upon
opposing counsel on or before 2 p.m., Monday, November 5, 2007.
The brief of respondent is to be filed with the Clerk and
served upon opposing counsel on or before 2 p.m., Monday,
December 3, 2007. A reply brief, if any, is to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Friday, December 28, 2007. Briefs of amici curiae are to be
filed with the Clerk and served upon counsel for the parties on
or before 2 p.m., 7 days after the brief for the party
supported is filed, or if in support of neither party, within 7
days after the petitioner’s brief is filed.
06-1498WARNER-LAMBERT CO., ET AL. V. KENT, KIMBERLY, ET AL.
The petition for a writ of certiorari is granted. The brief
of petitioners is to be filed with the Clerk and served upon
opposing counsel on or before 2 p.m., Monday, November 5, 2007.
The brief of respondents is to be filed with the Clerk and
served upon opposing counsel on or before 2 p.m., Monday,
December 3, 2007. A reply brief, if any, is to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Friday, December 28, 2007. Briefs of amici curiae are to be
filed with the Clerk and served upon counsel for the parties on
or before 2 p.m., 7 days after the brief for the party
supported is filed, or if in support of neither party, within 7
days after the petitioners’ brief is filed. The Chief Justice
took no part in the consideration or decision of this petition.
06-1509BOULWARE, MICHAEL H. V. UNITED STATES
The petition for a writ of certiorari is granted limited to
the following Question: "Whether the diversion of corporate
funds to a shareholder of a corporation without earnings and
profits automatically qualifies as a non-taxable return of
capital up to the shareholder's stock basis, see 26 U.S.C.
§301(c)(2), even if the diversion was not intended as a return
of capital." The brief of petitioner is to be filed with the
Clerk and served upon opposing counsel on or before 2 p.m.,
Monday, November 5, 2007. The brief of respondent is to be
filed with the Clerk and served upon opposing counsel on or
before 2 p.m., Monday, December 3, 2007. A reply brief, if any,
is to be filed with the Clerk and served upon opposing counsel
on or before 2 p.m., Friday, December 28, 2007. Briefs of amici
curiae are to be filed with the Clerk and served upon counsel
for the parties on or before 2 p.m., 7 days after the brief for
the party supported is filed, or if in support of neither party,
within 7 days after the petitioner's brief is filed.
06-1646UNITED STATES V. RODRIQUEZ, GINO G.
The petition for a writ of certiorari is granted. The brief
of petitioner is to be filed with the Clerk and served upon
opposing counsel on or before 2 p.m., Monday, November 5, 2007.
The brief of respondent is to be filed with the Clerk and
served upon opposing counsel on or before 2 p.m., Monday,
December 3, 2007. A reply brief, if any, is to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Friday, December 28, 2007. Briefs of amici curiae are to be
filed with the Clerk and served upon counsel for the parties on
or before 2 p.m., 7 days after the brief for the party
supported is filed, or if in support of neither party, within 7
days after the petitioner’s brief is filed.
06-11543BEGAY, LARRY 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 brief of petitioner is to be filed with the Clerk and served
upon opposing counsel on or before 2 p.m., Monday, November 5,
2007. The brief of respondent is to be filed with the Clerk
and served upon opposing counsel on or before 2 p.m., Monday,
December 3, 2007. A reply brief, if any, is to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Friday, December 28, 2007. Briefs of amici curiae are to be
filed with the Clerk and served upon counsel for the parties on
or before 2 p.m., 7 days after the brief for the party
supported is filed, or if in support of neither party, within 7
days after the petitioner’s brief is filed.
06-11612GONZALEZ, HOMERO V. UNITED STATES
The motion of petitioner for leave to proceed in forma
pauperis and the petition for a writ of certiorari are granted
limited to the following Questions: "1) Must a federal criminal
defendant explicitly and personally waive his right to have an
Article III judge preside over voir dire? 2) Did the court of
appeals err when it reviewed petitioner's objection for plain
error?" The brief of petitioner is to be filed with the Clerk
and served upon opposing counsel on or before 2 p.m., Monday,
November 5, 2007. The brief of respondent is to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Monday, December 3, 2007. A reply brief, if any, is to be filed
with the Clerk and served upon opposing counsel on or before 2
p.m., Friday, December 28, 2007. Briefs of amici curiae are to
be filed with the Clerk and served upon counsel for the parties
on or before 2 p.m., 7 days after the brief for the party
supported is filed, or if in support of neither party, within 7
days after the petitioner's brief is filed.
07-21CRAWFORD, WILLIAM, ET AL. V. MARION CTY. ELECTION BD., ET AL. with
07-25IN DEMOCRATIC PARTY, ET AL. V. ROKITA, IN SEC. OF STATE, ET AL.
The petitions for writs of certiorari are granted. The cases are consolidated and a total of one hour is allotted
for oral argument. The brief of petitioners is to be filed
with the Clerk and served upon opposing counsel on or before 2
p.m., Monday, November 5, 2007. The brief of respondents is
to be filed with the Clerk and served upon opposing counsel on
or before 2 p.m., Monday, December 3, 2007. A reply brief, if
any, is to be filed with the Clerk and served upon opposing
counsel on or before 2 p.m., Friday, December 28, 2007. Briefs
of amici curiae are to be filed with the Clerk and served upon
counsel for the parties on or before 2 p.m., 7 days after the
brief for the party supported is filed, or if in support of
neither party, within 7 days after the petitioners’ brief is
07-5439BAZE, RALPH, ET AL. V. REES, COMM'R, KY DOC, ET AL.
The motion of petitioners for leave to proceed in forma
pauperis and the petition for a writ of certiorari are granted.
The brief of petitioners is to be filed with the Clerk and
served upon opposing counsel on or before 2 p.m., Monday,
November 5, 2007. The brief of respondents is to be filed with
the Clerk and served upon opposing counsel on or before 2 p.m.,
Monday, December 3, 2007. A reply brief, if any, is to be
filed with the Clerk and served upon opposing counsel on or
before 2 p.m., Friday, December 28, 2007. Briefs of amici
curiae are to be filed with the Clerk and served upon counsel
for the parties on or before 2 p.m., 7 days after the brief for
the party supported is filed, or if in support of neither party,
within 7 days after the petitioners’ brief is filed.
CERTIORARI DENIED
07-5058CHI, HELIBERTO V. QUARTERMAN, DIR., TX DCJ
07-5425TURNER, CARLTON A. V. QUARTERMAN, DIR., TX DCJ
The petitions for writs of certiorari are denied.