ÿWPCü ûÿ2Ñ%B ZgÁÑCourierCourier BoldCourier ObliqueApple LaserWriter IINTAPLASIIN.PRS&d ªH@Ž—<hhhhð›´PX@#|dûÿ2ÌXX[~³›1Tÿÿr5ddd°ÈäŒdþ6X@ÉüKô@þþþþþþþÿÿÿÿÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ’ÿÿs4ddd°ÃåŒdÐ `É“Kô€þþþþþþþÿþÿÿÿÿÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿr5ddd°¼Œdô6NßhÉ[÷KôHþþþþþþþÿÿÿÿÿþÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿbbbbbb™p™pK:K:K:K:fmz:z:z:z:z:•p•p•p•p\\·™„Q„Q„QtUtUtUtUzGzGzG•p•p•p•p•FTNEmpty TAG for pre-circ footnotes$,H1HEADER Level 1 (I)&ŠÁà¨ì)ÁØ€I.؃ BQck QuoteSingle spaced indented quote'Ó" Ù ÙÐÐÂXÂÙ ÙÐÐûÿ2~þ~|úH2HEADER Level 2 (A)&ïŒÁàˆì)ÁØA.؃ H3HEADER Level 3 (1)&\»ŽÁà™ì)ÁØ‚1.؃ Ô s4 ÔÓ  ÓРȧ ÐÐ °°„X ÐÐ §§ Ðà à ORDER LIST MONDAY, FEBRUARY 28, 1994 APPEAL -- SUMMARY DISPOSITION Ä Ä 93-1090 MILLSAPS, BRYANT, ET AL. V. LANGSDON, PHILLIP, ET AL. The judgment is affirmed. Ô s4" Ôà à ORDERS IN PENDING CASES Ä Ä No. Ãà ÄÄ LAURIE L. ROMAN NOSE V. NEW MEXICO DEPARTMENT OF HUMAN RESOURCES The motion to direct the Clerk to file a petition for a writ of certiorari out©of©time is denied. D-1319 IN THE MATTER OF DISBARMENT OF STEVEN LAWRENCE COHN It having been reported to the Court that Steven Lawrence Cohn, of Beverly Hills, California, has resigned from the practice of law before the Supreme Court of California and this Court by order of November 1, 1993, having suspended the said Steven Lawrence Cohn from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued; It is ordered that the said Steven Lawrence Cohn be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1322 IN THE MATTER OF DISBARMENT OF YALE H. IVERSON It having been reported to the Court that Yale H. Iverson, of West Des Moines, Iowa, has been suspended from the practice of law by the Supreme Court of Iowa ÔË'0*Á(Á(°°ÔŒ and this Court by order of November 8, 1993, having suspended the said Yale H. Iverson from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued; It is ordered that the said Yale H. Iverson be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1325 IN THE MATTER OF DISBARMENT OF VICTOR V. SAVOCA It having been reported to the Court that Victor V. Savoca, of Commack, New York, has resigned from the practice of law before the Appellate Division, Supreme Court of New York, Second Judicial Department, and this Court by order of November 15, 1993, having suspended the said Victor V. Savoca from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Victor V. Savoca be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1326 IN THE MATTER OF DISBARMENT OF MARK ALAN LOBAR It having been reported to the Court that Mark Alan Lobar, of Washington, D. C., has been disbarred from the practice of law by the District of Columbia Court of ÔË'0*Á(Á(°°ÔŒ Appeals and this Court by order of November 15, 1993, having suspended the said Mark Alan Lobar from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Mark Alan Lobar be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1327 IN THE MATTER OF DISBARMENT OF MARK GREGORY WOLFE It having been reported to the Court that Mark Gregory Wolfe, of Reston, Virginia, has been disbarred from the practice of law by the Supreme Court of Virginia and this Court by order of November 15, 1993, having suspended the said Mark Gregory Wolfe from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued; It is ordered that the said Mark Gregory Wolfe be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1329 IN THE MATTER OF DISBARMENT OF DANIEL JASON KRINDLE It having been reported to the Court that Daniel Jason Krindle, of Beverly Hills, California, has been suspended from the practice of law by the Supreme Court ÔË'0*Á(Á(°°ÔŒ of California and this Court by order of November 15, 1993, having suspended the said Daniel Jason Krindle from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Daniel Jason Krindle be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1332 IN THE MATTER OF DISBARMENT OF JOHN WESLEY DAYS It having been reported to the Court that John Wesley Days, of Silver Spring, Maryland, has been disbarred from the practice of law by the Court of Appeals of Maryland and this Court by order of November 29, 1993, having suspended the said John Wesley Days from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said John Wesley Days be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1334 IN THE MATTER OF DISBARMENT OF GILBERT WENTWORTH BOYNE It having been reported to the Court that Gilbert Wentworth Boyne, of Modesto, California, has been ÔË'0*Á(Á(°°ÔŒ suspended from the practice of law by the Supreme Court of California and this Court by order of December 6, 1993, having suspended the said Gilbert Wentworth Boyne from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued; It is ordered that the said Gilbert Wentworth Boyne be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1335 IN THE MATTER OF DISBARMENT OF LAWRENCE E. KRISTOFF It having been reported to the Court that Lawrence E. Kristoff, of White Plains, New York, has been disbarred from the practice of law by the Appellate Division, Supreme Court of New York, Second Judicial Department, and this Court by order of December 13, 1993, having suspended the said Lawrence E. Kristoff from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued; It is ordered that the said Lawrence E. Kristoff be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1337 IN THE MATTER OF DISBARMENT OF LEO J. AGRILLO It having been reported to the Court that Leo J. Agrillo, of Brooklyn, New York, has been disbarred from ÔË'0*Á(Á(°°ÔŒ the practice of law by the Appellate Division, Supreme Court of New York, Second Judicial Department, and this Court by order of December 13, 1993, having suspended the said Leo J. Agrillo from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued; It is ordered that the said Leo J. Agrillo be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1340 IN THE MATTER OF BEVERLY B. KENNEDY Beverly B. Kennedy, of Manchester, New Hampshire, having requested to resign as a member of the Bar of this Court, it is ordered that her 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 January 10, 1994, is hereby discharged. 92-1662 UNITED STATES V. GRANDERSON, RALPH STUART The motion of respondent for leave to file a supplemental brief after argument is granted. 92-1956 CONRAIL V. GOTTSHALL, JAMES The motion of Southeastern Pennsylvania Transportation Authority for leave to file a brief as Ô r5ž Ô ÃÃamicus curiaeÄÄ is granted. 93-377 NY DEPT. OF TAXATION, ET AL. V. MILHELM ATTEA & BROS., ET AL. The motion of Oneida Indian Nation of New York for Ô r5ˆ$ Ô leave to file a supplemental brief as ÃÃamicus curiaeÄÄ is denied. Justice Blackmun and Justice Stevens would grant this motion. ÔË'0*Á(Á(°°ÔŒ 93-518 DOLAN, FLORENCE V. TIGARD, OREGON The motion of the Solicitor General for leave to Ô r5œ Ô participate in oral argument as ÃÃamicus curiaeÄÄ and for divided argument is granted. 93-644 HONDA MOTOR CO., ET AL. V. OBERG, KARL The motion of petitioners to dispense with printing the joint appendix is granted. 93-6781 IN RE EDWARD N. NEWTOP 93-6782 IN RE EDWARD N. NEWTOP 93-6919 IN RE GRANT ANDERSON The motions of petitioners for reconsideration of the Ô r5Z Ô orders denying leave to proceed ÃÃin forma pauperisÄÄ are denied. à ÃÄ Ä Ô s4ë Ôà à CERTIORARI GRANTED Ä Ä 93-892 NTA GRAPHICS V. NLRB The petition for a writ of certiorari is granted. 93-723 UNITED STATES V. X-CITEMENT VIDEO, ET AL. The motion of National Law Center for Children & Ô r5q Ô Families, et al. for leave to file a brief as ÃÃamici Ô r5¿ Ô curiaeÄÄ is granted. The motion of National Family Legal Ô r5  Ô Foundation, et al. for leave to file a brief as ÃÃamici Ô r5[ Ô curiaeÄÄ is granted. The petition for a writ of certiorari is granted. Ô s4E! Ôà à CERTIORARI DENIED Ä Ä 93-700 CRANCER, BARBARA ANN V. DEPARTMENT OF JUSTICE 93-713 GRAHAM, GARY V. FL JUDICIAL QUAL. COMMN. 93-737 FOLLETTE, KENT, ET AL. V. CLAIROL, INC., ET AL. 93-750 FOWLIN, RICHARD V. PENNSYLVANIA 93-797 NEW YORK, ET AL. V. REICH, SEC. OF LABOR, ET AL.ÔË'0*Á(Á(°°ÔŒ™ 93-808 FELDMAN, JERALD, ET AL. V. RESOLUTION TRUST CORP. 93-867 FOXX, GEORGE V. DALTON, SEC. OF THE NAVY 93-878 PROVIZER, HAROLD, ET UX. V. CIR 93-890 McDONNELL, WILLIAM, ET AL. V. OMAHA, NE 93-938 DANDY, ALEX V. UNITED STATES 93-947 DAILEY, JAMES V. UNITED STATES 93-973 ) MANILDRA MILLING CORP. V. OMI HOLDINGS, INC. ) 93-1186 ) OMI HOLDINGS, INC. V. MANILDRA MILLING, ET AL. 93-1003 SHARP, CAMERON V. UNITED STATES 93-1036 SELCH, JOHN V. LETTS, DIR., IN HIGHWAYS 93-1066 SAULPAUGH, JEANNETTE, ET VIR V. MONROE COM. HOSP., ET AL. 93-1071 MERTENS, PATRICIA V. WILKINSON, GOV. OF KY, ET AL. 93-1083 DOE, JOHN, ETC. V. BENNETT, PAULA, ET AL. 93-1085 TURNER, R.V., ETC., ET AL. V. LaMARCA, ANTHONY, ET AL. 93-1087 FERRI, FRANCIS V. PENNSYLVANIA 93-1092 SMITH, E. DON, ET UX. V. ZONING BOARD OF APPEALS 93-1099 HEUER, RICHARD V. UNITED STATES 93-1101 BRUNET, ANN, ET AL. V. TUCKER, GUY, ET AL. 93-1102 VALUTRON, N.V., ET AL. V. NCR CORPORATION 93-1111 BRADLEY, CHARLES V. COLORADO 93-1112 WRIGHT, R. DON V. JOHN DEERE INDUSTRIAL EQUIP. 93-1113 CHAPMAN, MANNIE, ET AL. V. KLEMICK, HERMAN, ET AL. 93-1116 BROWN, WILLIE V. PENN CENTRAL TRANS., ET AL. 93-1117 OCEAN MARINE MUTUAL, ET AL. V. WILSON, EDISON 93-1122 ) FRIEDMAN, HAROLD V. UNITED STATES ) 93-1123 ) HUGHES, ANTHONY V. UNITED STATES 93-1125 REEDER, O. WILLIAM V. PALMER, SUCCESSION, ETC. 93-1126 LA POWER & LIGHT CO. V. BOURGEOIS, BARRY 93-1138 WATERS, JOHNNY, ET AL. V. UNIV. OF AL B'HAM MED. CTR. 93-1148 ) LOCE, ALEXANDER V. NEW JERSEY ) 93-1149 ) KRAIL, TINA, ET AL. V. NEW JERSEY ÔË'0*Á(Á(°°ÔŒ 93-1155 ARDOIN, JODY WAYNE V. SEACOR MARINE, INC. 93-1242 AUSTIN, MICHAEL V. HEALY, CHARLES, ETC. 93-5785 GORHAM, ROBERT V. SINGLETARY, SEC., FL DOC 93-6606 LEE, JOHN V. UNITED STATES 93-6618 FRANCIS, HUMPHREY S. V. UNITED STATES 93-6621 BOYENGA, GREGORY J. V. UNITED STATES 93-6771 MONTGOMERY, GARY H. V. UNITED STATES 93-6791 MEIER, ERNEST V. LEVINSON, DAVID, ET AL. 93-6823 PRYOR, PETER J. V. UNITED STATES 93-6837 THOMAS, BRUCE V. UNITED SATES 93-6843 SIWINSKI, MARTIN V. UNITED STATES 93-6918 PALACIO, JOAQUIN V. UNITED STATES 93-6923 BURNLEY, JOHN RODGERS V. UNITED STATES 93-6938 CLARKE, CHRISTOPHER V. UNITED STATES 93-6962 MEDINA-BATISTA, PAULINO V. INS 93-6990 URRUNAGA, GUSTAVO A. V. UNITED STATES 93-7048 EVANS, DWAYNE V. OHIO 93-7182 ORNELAS-MARTINEZ, LUCAS V. UNITED STATES 93-7190 TILLMAN, TORRENCE V. CONROY, RICHARD, ET AL. 93-7243 LIMPACH, RAY V. UNITED STATES 93-7270 WARREN, LACOSTA V. UNITED STATES 93-7319 PINER, ANTOINNE V. UNITED STATES 93-7320 PRANDY-BINETT, PEDRO J. V. UNITED STATES 93-7343 WHITAKER, LARRY V. UNITED STATES 93-7356 BROWN, VICTOR IVY V. DEPT. OF NAVY 93-7359 MATHEWS, ROBERT S. V. DUGAN, MICHELLE A., ET AL. 93-7364 LEE, TYRONE H. V. MURRAY, DIR., VA DOC 93-7367 LEWIS, BRYANT M. V. KING, DIR., OPM 93-7369 LYNCH, JOHN V. BLODGETT, DEP. DIR. 93-7370 ROBINSON, JOSEPH AVERY V. WHITLEY, WARDEN 93-7389 ROGERS, EDGAR L. V. U. S. DEPT. OF EDUCATION ÔË' 0*Á(Á(°°ÔŒ 93-7396 LAAN, NICOLAS V. CALIFORNIA 93-7413 LARSEN, REX LEE V. MAASS, SUPT. 93-7416 CASTLEBERRY, DON PHILLIP V. FREMONT CTY. DISTRICT COURT 93-7417 BATTLE, CLARENCE MELVIN V. BARNETT, SUPT., ET AL. 93-7418 WEHRINGER, CAMERON V. BRANNIGAN, AUDREY MORSE 93-7437 DOE, BABY BOY, ETC. V. DOE, MOTHER 93-7439 WINTERS, CLYDE AHMAD V. ILINOIS HUMAN RIGHTS COMM. 93-7445 JOHNSTON, THOMAS L. V. CHAMPION, WARDEN 93-7450 KELLEY, KENT E. V. SMITH, JUDGE, ETC. 93-7452 EDGESTON, ONDREA V. ILLINOIS 93-7453 HART, RICARDO V. BORGERT, WARDEN 93-7458 BERNADOU, CHARLES M. V. ROLLINS, WARDEN, ET AL. 93-7462 GROESBECK, ALFRED M. V. GROESBECK, GAYLA B. 93-7464 ABIDEKUN, OLU S. V. COMMR. OF SOCIAL SERVICES 93-7469 HARDY, PHYLLIS V. UNITED STATES 93-7470 MEEKS, BILLY M. V. TENNESSEE 93-7497 McFARLAND, THERESA E. V. UNITED STATES 93-7508 AGUILAR, JOAQUIN V. UNITED STATES 93-7516 GILL, AARON D. V. SINGLETARY, SEC., FL DOC 93-7521 JARVIS, DOUGLAS V. UNITED STATES 93-7528 TISDALE, BENJAMIN T. V. UNITED STATES 93-7534 DIAZ, ALFONSO RAMON V. UNITED STATES 93-7543 WEBB, ROBERT V. UNITED STATES 93-7547 WALKER, TREVIS V. UNITED STATES 93-7595 MOJICA, PEDRO V. UNITED STATES 93-7596 McCONNELL, ULYSSES V. UNITED STATES 93-7597 McCALL, ALTON V. UNITED STATES 93-7603 STEWART, WILLIE JAMES V. MISSISSIPPI ST. PENITENTIARY 93-7613 GRAY, ROB W. V. UNITED STATES 93-7624 DE LA JARA, JOSE V. UNITED STATES 93-7629 RENDON, MARCO A. V. UNITED STATES ÔË' 0*Á(Á(°°ÔŒ 93-7632 CHEW, CARLTON V. UNITED STATES 93-7638 ROJAS-GONZALEZ, JUAN V. UNITED STATES 93-7649 SIMMONS, JERMAINE LEE V. UNITED STATES 93-7651 TRAN, NHAN KIEM V. UNITED STATES 93-7662 MORRIS, MICHAEL J. V. UNITED STATES 93-7663 OKOLIE, MICHAEL L. V. UNITED STATES 93-7679 RODRIGUEZ, RICHARD C. V. UNITED STATES 93-7688 BARTSH, THOMAS CHISHOLM V. UNITED STATES 93-7693 GIBBS, LARRY J. V. UNITED STATES 93-7694 GONZALES, DONALD R. V. UNITED STATES 93-7697 EVANS, MACKEL E. V. UNITED STATES 93-7770 WILLIAMS, LEON GUY V. SINGLETARY, SEC., FL DOC The petitions for writs of certiorari are denied. 93-1130 ILLINOIS V. CRANE, ANTHONY Ô r5D Ô The motion of respondent for leave to proceed ÃÃin Ô r5’ Ô forma pauperisÄÄ is granted. The petition for a writ of certiorari is denied. 93-6817 DAVIS, MARK V. FLORIDA 93-6846 OSBORNE, CURTIS V. GEORGIA 93-6974 ROBINSON, TIMOTHY A. V. FLORIDA 93-6983 MOODY, JOHN G. V. TEXAS 93-7026 PICKENS, EDWARD CHARLES V. NORRIS, DIR., AR DOC 93-7051 SWEET, WILLIAM EARL V. FLORIDA 93-7063 HUNT, GREGORY F. V. MARYLAND 93-7079 COLLINS, KENNETH LLOYD V. MARYLAND 93-7158 CARROLL, ROBERT LEO V. ALABAMA 93-7323 DUNLAP, TIMOTHY ALAN V. IDAHO 93-7336 WORKMAN, PHILIP V. TENNESSEE 93-7373 DREW, ROBERT NELSON V. COLLINS, DIR. TX DCJ 93-7475 SPENCER, TIMOTHY V. MURRAY, DIR., VA DOC 93-7491 HOLLADAY, GLENN W. V. ALABAMA ÔË' 0*Á(Á(°°ÔŒ The petitions for writs of certiorari are denied. Justice Blackmun dissenting: Adhering to my view that the death penalty cannot be imposed fairly within the constraints of our Constitution, see my dissent in Ô r58 Ô ÃÃCallinsÄÄ v. ÃÃCollinsÄÄ, 510 U. S. Ãà ÄÄ, Ãà ÄÄ (1994), I would grant the petitions for writs of certiorari and vacate the death sentences in these cases. à à HABEAS CORPUS DENIED Ä Ä 93-7808 IN RE MILOS KLVANA 93-7814 IN RE MARGIE L. EDGINGTON The petitions for writs of habeas corpus are denied. Ô s4D Ôà à MANDAMUS DENIED Ä Ä 93-7368 IN RE CRAIG M. RYAN The petition for a writ of mandamus is denied. Ô s4| Ôà à REHEARINGS DENIED Ä Ä 93-629 ST. HILAIRE, CLEMENT V. ST. HILAIRE, GRACE A. 93-6085 McGEE, HERMAN V. UNITED STATES 93-6509 JOHNSON, ANDREW J. V. CHEYENNE, WY, ET AL. 93-6587 HARRISON, JOHN V. ROGERS, DIR., OWCP, ET AL. 93-6603 MARX, ROBERT B. V. UNITED STATES 93-6616 COOPER, TIMOTHY T. V. PAROLE AND PROBATION COMM. 93-6637 MOSES, WILLIAM ISOM V. O'DEA, WARDEN 93-6686 HILL, JASPER V. SCHOUBROEK, TINA, ET AL. 93-6733 JOHNSON, ANDREW J. V. SHILLINGER, WARDEN, ET AL. 93-6737 ZUCKERMAN, RICHARD PAUL V. UNITED STATES 93-6744 PIFER, JAMES F. V. BUNNELL, WARDEN 93-6746 CRAWFORD, JAMES HENRY V. UNITED STATES ÔË' 0*Á(Á(°°ÔŒ 93-6789 WILSON, FRED V. O'MALLEY, JACK, ET AL. 93-6854 CORETHERS, CLARENCE V. ATLAS BONDING COMPANY, ET AL. 93-6906 DUBYAK, SAMUEL A. V. SMITH, WARDEN, ET AL. 93-6948 IN RE SAM MERIT 93-6992 CORETHERS, CLARENCE V. CAPOTS, RAYMOND E., ET AL. 93-7003 O'NEILL, BERNARD J. V. SHIPLEVY, WARDEN The petitions for rehearing are denied. 92-7971 LOCKETT, CARL DANIEL V. MISSISSIPPI 92-9070 PAYTON, WILLIAM C. V. CALIFORNIA 93-6431 BUSH, JOHN EARL V. SINGLETARY, SEC., FL DOC The petitions for rehearing are denied. Justice Blackmun disssenting: I would call for a response in each of these cases with a view to granting the petitions Ô r5ö Ô for certiorari. See my dissent ÃÃCallinsÄÄ v. ÃÃCollinsÄÄ, 510 U. S. Ãà ÄÄ, Ãà ÄÄ (1994). Ô s5‡ ÔÁà*‚.Áà ÃRECESS ORDERÄ Äƒ The Court will take a recess from Monday, March 7, 1994 until Monday, March 21, 1994. Ô s4g Ôà à MOTIONS FOR ADMISSION Ä Ä The written motions for admission of the following lawyers to the Bar of this Court are granted: