97-1988 REOGAS, CARMEN, ET AL. V. GRAY, JIMMY, ET AL.
The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Faragher v. City of Boca Raton, 524 U.S. 775 (1988), and 11 U.S.C. Sec. 362. Justice Scalia would grant the petition for a writ of certiorari and vacate the judgment below. Costs under Rule 43.2 are not allowed.
98-1332 BABBITT, SEC. OF INTERIOR V. CRAWFORD, SYLVIA
The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of West v. Gibson, 527 U.S. ____ (1999).
98-6678 LEMONS, EDWARD V. NORTH CAROLINA
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 Supreme Court of North Carolina for further consideration in light of Lilly v. Virginia, 527 U.S. ____ (1999).
98-8363 SMITH, PAUL A. V. OHIO
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 Court of Appeals of Ohio, Cuyahoga County, for further consideration in light of Lilly v. Virginia, 527 U.S. ____ (1999).
ORDERS IN PENDING CASES
M-76 ANAND P. AGARWAL, ET UX. V. RHONALD MORRIS, ET AL.
The motion to direct the Clerk to file a petition for a writ of certiorari out-of-time is denied.
126, ORIG. KANSAS V. NEBRASKA AND COLORADO
The motion to strike Nebraska’s counterclaims is denied. Nebraska is granted leave to file a motion to dismiss, in the nature of a motion under Rule 12(b)(6), Federal Rules of Civil Procedure, limited to the question whether the Republican River Comnpact restricts a State’s consumption of groundwater. If such a motion is filed, the parties shall then brief the legal issue. The motion and opening brief of Nebraska shall be filed on or before 45 days from the date of this order. Kansas’ brief shall be filed within 30 days thereafter, after which Nebraska may promptly file a reply brief. Further consideration of the motion for appointment of Special Master is deferred.
98-1932 PATAKI, GEORGE, GOV. OF NY, ET AL. V. GRUMET, LOUIS, ET AL. (A-1023)
The application for stay presented to Justice Ginsburg and by her referred to the Court is granted and it is ordered that the judgment of the Court of Appeals of New York, case No. 38, dated May 11, 1999, is stayed pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall continue pending the issuance of the mandate of this Court.
98-8970 HOLSEY, AARON V. DIR. OF CLASSIFICATION
The motion of petitioner for leave to proceed in forma pauperis is denied. See Rule 39.8. Petitioner is allowed until July 12, 1999, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of Rules of this Court.
APPEAL -- JURISDICTION NOTED
98-1682 UNITED STATES, ET AL. V. PLAYBOY ENTERTAINMENT GROUP
In this case probable jurisdiction is noted.
CERTIORARI GRANTED
98-1255 UNITED STATES V. MARTINEZ-SALAZAR, ABEL
The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted.
CERTIORARI DENIED
97-1892 BILZERIAN, PAUL V. UNITED STATES 98-495 JOHNSON, EDWARD V. UNITED STATES 98-1041 WHITBURN, SEC., WI, ET AL. V. ADDIS, PATRICK, ET AL. 98-1089 HAMILTON AMUSEMENT, ET AL. V. VERNIERO, NJ ATTY. GEN. 98-1273 VAN DYKEN, FRED V. DAY, DIR., MT DEPT. OF CORRS 98-1324 SWARTZ, MITCHELL vs. IRS, ET AL. 98-1330 APPALACHIAN POWER CO., ET AL. vs. EPA, ET AL. 98-1481 KOSTER, NORMAN P. V. UNITED STATES 98-1495 CHIEJINA, CHRISTIAN V. FLORIDA 98-1505 FRIAS-MUNOZ, JESUS M. V. ALBRIGHT, SEC. OF ST. 98-1511 AUBURN, WA V. UNITED STATES, ET AL. 98-1666 SANTA MARIA, CA, ET AL. V. RUIZ, ESPERANZA, ET AL. 98-1670 LOZANO, ELISA, ETC., ET AL. V. TOYOTA MOTOR CORP., ET AL. 98-1685 HARKER, GEORGE R. V. UNIV. PROF. OF IL, ET AL. 98-1690 FELLENCER, CYNTHIA A. V. PENOBSCOT NATION 98-1691 DRYDEN, QUINTON, ET AL. V. MADISON COUNTY, FL 98-1699 HOULT, DAVID P. V. HOULT, JENNIFER 98-1722 CABIRI, BAWOL, ET UX. V. GHANA 98-1764 PATIS, ROBERT V. ILLINOIS 98-1766 COLWELL, WILLIE V. INDIANA 98-1776 RIVERA, EDWARDO V. SHERIFF, COOK COUNTY, IL 98-1798 JOHNSTON, THOMAS V. TWENTY GRAND OFFSHORE, ET AL. 98-1852 FINNEGAN, JACK R. V. KRUSE, MONTE, ET AL. 98-1855 GIBSON, JAMES F. V. SLATER, SEC. OF TRANSPORT. 98-1858 BETTS, DONNA M. V. CONTAINER CORP. OF AM. 98-1861 MASSIEU, MARIO RUIZ V. UNITED STATES 98-1868 DAVISON, ROSE M., ET AL. V. UNITED STATES, ET AL. 98-1870 UNITED STATIONERS, INC. V. UNITED STATES 98-1871 FROST, BILLY D. V. UNITED STATES 98-1874 VENDETTO, JOSEPH V. SONAT OFFSHORE DRILLING, INC 98-6111 ROBINSON, ROBERT J. V. CALIFORNIA 98-7805 THOMAS, DERRICK, ET AL. V. UNITED STATES 98-7987 GUNSBY, DONALD V. FLORIDA 98-8193 KIMBRELL, SHANE V. UNITED STATES 98-8201 PINSON, BARON V. V. UNITED STATES 98-8373 McCOY, TERRY H. V. ANGELONE, DIR., VA DOC 98-8522 THOMAS, LEWIS V. ANDERSON, WARDEN 98-8715 STORY, STANTON T. V. KINDT, WARDEN, ET AL. 98-8724 WILSON, CARLTON E. V. UNITED STATES 98-8758 SINGLETON, SONYA E. V. UNITED STATES 98-8947 HUTCHERSON, LARRY E. V. ALABAMA 98-8964 HARTLINE, JOHN S. V. HAMBRICK, MARGARET, ET AL. 98-8966 GRAVES, DENNIS R. V. WILLIAMS, LEOTA 98-8967 DAVIS, ERNEST V. HOWES, WARDEN 98-8969 FOREMAN, MARCUS R. V. ILLINOIS 98-8971 HOWARD, RODERICK V. LAND, MICHAEL, ET AL. 98-8975 EDWARDS, BRIAN D. V. CALIFORNIA 98-8976 DUNN, ANTHONY V. NEW YORK 98-8977 HAWKINS, STACY V. SCHOOLEY, R. WILLIAM, ET AL. 98-8978 HAWKINS, STACY V. MI DOC 98-8979 GREEN, ANDRE V. TRIPPETT, WARDEN 98-8983 RIVES, JAMES V. MONMOUTH COUNTY, ET AL. 98-8985 EVANS, JAMES E. vs. YLST, WARDEN 98-8990 GRAHAM, RICKY V. QUICK, MARGARET 98-8995 THOMAS, STEVEN A. V. CALIFORNIA 98-9010 MELENDEZ, PABLO V. TEXAS 98-9015 MORALES, ROBERT V. HENRY, WARDEN, ET AL. 98-9017 MALLARD, GEORGE V. FIELDS, LARRY 98-9020 SIMS, TERRY M. V. MOORE, SEC., FL DOC 98-9022 WALKER, DRUCE D. V. COOPER, QUINCY, ET AL. 98-9029 LUMBEF, PAUL V. ARDEN FAIR APTS., ET AL. 98-9032 LUMBEF, PAUL V. STANFORD MEDICAL GROUP 98-9033 MIDDLETON, MICHAEL V. FLORIDA 98-9034 JACKSON, JOSEPH M. vs. USDC WD OK 98-9051 PADAVICH, CHRISTOPHER F. V. THALACKER, WARDEN 98-9053 BARRETT, MOLLY L. S. V. DALKON SHIELD CLAIMANTS 98-9059 BURCKHALTER, KEVIN D. V. TAYLOR, WARDEN, ET AL. 98-9062 JORDAN, KELVIN V. MISSISSIPPI 98-9078 BOWLING, THOMAS C. V. KENTUCKY 98-9082 TAYLOR, EMMA V. ST. VINCENT DePAUL SOCIETY 98-9089 BROOKS, WILLIAM C. V. MADDING, WARDEN, ET AL. 98-9092 SCHLEEPER, NEAL V. MISSOURI 98-9094 SMITH, OSCAR F. V. TENNESSEE 98-9160 LOWERY, WARREN V. GREINER, SUPT., SING SING 98-9197 SYVERTSON, CHARLES E. V. HUKEE, DON 98-9201 SHEPPARD, BOBBY T. V. OHIO 98-9233 ELROD, FREDDIE V. CALIFORNIA 98-9256 RICHARDSON, JAMES S. V. JOHNSON, DIR., TX DCJ 98-9305 MANCUSO, ALFRED V. HERBERT, SUPT., COLLINS 98-9318 WHITE, MELVIN L. V. NORTH CAROLINA 98-9331 CARDWELL, KEVIN M. V. WATKINS, RICK 98-9344 NEAL, JOHN L. V. ALABAMA 98-9350 VERGARA, ROSITA F. V. UNITED STATES 98-9355 LYNCH, KEVIN V. UNITED STATES 98-9357 TAYLOR, MIGUEL V. RENO, ATTY. GEN., ET AL. 98-9358 WILLIAMSON, ANTHONY V. UNITED STATES 98-9366 VALDEZ-MOSQUEDA, EDUARDO V. UNITED STATES 98-9378 KEITH, KEVIN V. OHIO 98-9386 BECKWITH, RICHARD L. V. UNITED STATES 98-9394 ASAMOAH, GEORGE V. UNITED STATES 98-9398 HERNANDEZ, ANTONIO V. UNITED STATES 98-9403 GRANT, WILLIAM V. UNITED STATES 98-9414 KIRKPATRICK, MICHAEL J. V. UNITED STATES 98-9418 ABLES, CURTIS D. V. UNITED STATES 98-9419 ARAIZA, MIGUEL A. V. UNITED STATES 98-9427 BROWN, ROBERT L. V. UNITED STATES 98-9429 BRITTON, PATRICK C. V. UNITED STATES 98-9432 LITTLE, THERESA L. V. UNITED STATES 98-9433 McCULLOUGH, PERRY A. V. UNITED STATES 98-9434 PILOTO, RAUL A. V. UNITED STATES 98-9435 O'CAMPO, JUAN M. V. UNITED STATES 98-9436 PRATHER, OSCAR L. V. UNITED STATES 98-9439 COLE, SAMUEL V. UNITED STATES 98-9445 DAVIS, LAMONT V. UNITED STATES 98-9446 HERNANDEZ, JOEL V. UNITED STATES 98-9449 FORE, HARRY L. V. UNITED STATES 98-9452 GORDON, ANTHONY V. UNITED STATES 98-9453 DEUTSCH, FRANCIS T. V. UNITED STATES 98-9454 HOLT, GARY W. V. UNITED STATES 98-9455 PAYNE, GERALD M. V. UNITED STATES 98-9456 PERKINS, DARIUS K. V. UNITED STATES 98-9458 PETREYKOV, SAVELY, ET AL. V. NEW YORK CITY 98-9460 SNYDER, YON C. V. UNITED STATES 98-9461 HENRY, CHARLES G. V. UNITED STATES 98-9462 HALL, LARRY D. V. UNITED STATES 98-9464 ROBINSON, JOSEPH P. V. UNITED STATES 98-9472 HELMS, JIMMIE D. V. UNITED STATES 98-9474 ESCOBAR, JULIO A. V. UNITED STATES 98-9476 ERNEST, RALPH V. UNITED STATES 98-9481 HOWELL, MAURICIO L. V. UNITED STATES 98-9487 HOWARD, GERALD V. UNITED STATES 98-9488 GOMEZ-SALINAS, FELIPE V. UNITED STATES 98-9493 CHEESE, TROY L. V. UNITED STATES 98-9494 BOSTIC, MICHAEL J. V. UNITED STATES 98-9496 CHAMBERS, JAMES V. BOWERSOX, SUPT., POTOSI CC 98-9497 WILSON, JEREMY V. UNITED STATES 98-9498 LAIHBEN, CLIFFORD V. UNITED STATES 98-9499 MOORE, KEITH V. UNITED STATES 98-9501 McCUE, RICHARD F. V. UNITED STATES 98-9508 QUINTANILLA, MARCIAL V. UNITED STATES 98-9512 CYPROWSKI, DANIEL V. UNITED STATES 98-9513 TURNER, EDWARD V. UNITED STATES 98-9518 ROBERTS, BRUCE V. UNITED STATES 98-9519 WELLS, RODORRIO V. UNITED STATES 98-9524 CLING, VINCENT J. V. UNITED STATES 98-9529 GORDON, MICHAEL O. V. UNITED STATES 98-9531 FRANCIS, RAYMOND J. V. UNITED STATES 98-9533 GOODSON, TERRENCE E. V. UNITED STATES 98-9554 MARCUM, HARRISON M. V. SMITH, WARDEN
The petitions for writs of certiorari are denied.
HABEAS CORPUS DENIED
98-9514 IN RE JOSEPH E. TAYLOR
The petition for a writ of habeas corpus is denied.
REHEARINGS DENIED
98-8109 LOWERY, BYRON V. FLORIDA 98-8379 PAUL, ALEXANDER V. UNITED STATES 98-8414 CHILDRESS, WALTER E. V. APPALACHIAN POWER COMPANY 98-8453 GARDNER, RAYFORD L. V. KENTUCKY
The petitions for rehearing are denied.
ATTORNEY DISCIPLINE
D-2051 IN THE MATTER OF DISBARMENT OF JOHN ALL BURGESS
John All Burgess, of South Burlington, Vermont, having been suspended from the practice of law in this Court by order of March 8, 1999; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and a response having been filed; It is ordered that John All Burgess is disbarred from the practice of law in this Court.
D-2057 IN THE MATTER OF DISBARMENT OF JAMES C. LUCAS
James C. Lucas, of Lansing, Michigan, having been suspended from the practice of law in this Court by order of March 29, 1999; and a rule having been issued requiring him to show cause why he should not be disbarred; It is ordered that James C. Lucas is disbarred from the practice of law in this Court.
D-2083 IN THE MATTER OF DISBARMENT OF ROGER C. GOBLE
Roger C. Goble, of Arlington Heights, Illinois, 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-2084 IN THE MATTER OF DISBARMENT OF PAUL D. GIAMANCO
Paul D. Giamanco, of Mt. Vernon, Illinois, 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-2085 IN THE MATTER OF DISBARMENT OF CHRIS MAGLARAS, JR.
Chris Maglaras, Jr., of Las Vegas, Nevada, 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-2086 IN THE MATTER OF DISBARMENT OF STEPHEN L. SMITH
Stephen L. Smith, of Gulfport, Mississippi, 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-2087 IN THE MATTER OF DISBARMENT OF MERCER RANDALL PEEK
Mercer Randall Peek, of Conyers, Georgia, 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-2088 IN THE MATTER OF DISBARMENT OF JOHN EDWARDS ROBINS, JR.
John Edwards Robins, Jr., of Hampton, Virginia, 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.