(ORDER LIST: 543 U.S.)
TUESDAY, FEBRUARY 22, 2005
CERTIORARI -- SUMMARY DISPOSITIONS
03-1224 ILLINOIS V. HARRIS, RAYMOND04-852 ASHLOCK, WALTER B. V. UNITED STATESThe motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Illinois for further consideration in light of Illinois v. Caballes, 543 U.S. ____ (2005).
04-882 RAITHATHA, P. G. V. UNITED STATESThe 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 Fifth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7710 SMITH, RAYMOND D. V. UNITED STATESThe 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 Sixth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7731 AGNEW, AARON V. UNITED STATESThe 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 Eighth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7740 HOPPER, JAMES K. V. UNITED STATESThe 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 Third Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7758 MALLORY, JOHN F. V. UNITED STATESThe 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 Sixth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7762 MORTON, SAMUEL A. V. UNITED STATESThe 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 Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005). \
04-7774 ELIZARRARAZ, JOSE E. V. UNITED STATESThe 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 Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7784 HICKS, CHRISTOPHER P. V. UNITED STATESThe 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 United States v. Booker, 543 U.S. ____ (2005).
04-7805 WALKER, RICHARD D. V. UNITED STATESThe 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 Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7832 GARCIA-BELTRAN, DAVID V. UNITED STATESThe 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 Fourth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7839 LIN, JUI-TENG V. UNITED STATESThe motions of petitioners for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgments are vacated and the cases are remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7847 MALDONADO, JOAQUIN C. V. UNITED STATESThe 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 Second Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7866 SEARS, DEMETRIUS V. UNITED STATESThe 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 United States v. Booker, 543 U.S. ____ (2005).
04-7871 BOLDING, ANTHONY T. V. UNITED STATESThe 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 Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7876 DAVIS, HARRY W. V. UNITED STATESThe 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 United States v. Booker, 543 U.S. ____ (2005).
04-7885 DICLEMENTE, DOMINIC A. V. UNITED STATESThe motions of petitioners for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgments are vacated and the cases are remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7935 MOSELY, CHARLES V. UNITED STATESThe 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 Fourth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7970 ANTHONY, MARI V. UNITED STATESThe motions of petitioners for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgments are vacated and the cases are remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-8000 CARRIE, MARK V. UNITED STATESThe 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 Third Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-8039 GARCIA-CORONADO, ALFONSO V. UNITED STATESThe motions of petitioners for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgments are vacated and the cases are remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-8085 SMITH, JESSIE L. V. UNITED STATESThe 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 United States v. Booker, 543 U.S. ____ (2005).
04-8124 GONZALEZ-OROZCO, JOSE H. V. UNITED STATESThe 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 Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-8147 McCOMBS, BENNIE F. V. UNITED STATESThe 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 United States v. Booker, 543 U.S. ____ (2005).
04-8169 PROCTER, DAVID H. V. UNITED STATESThe 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 Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-8170 GARZA-GARCIA, ALBERTO V. UNITED STATESThe 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 Sixth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-8257 MEDINA-HERNANDEZ, JUAN D. D. V. UNITED STATESThe 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 United States v. Booker, 543 U.S. ____ (2005).
04-8285 WILSON, JUSTIN C. V. UNITED STATESThe motions of petitioners for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgments are vacated and the cases are remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
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 Sixth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
ORDERS IN PENDING CASES
04M44 HALL, MICHAEL W. V. TEXAS04M45 STEPHENS, CLARINE V. ROCHE, SEC. OF AIR FORCEThe motion for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner is granted.
04M47 SANTOYO, ADRIAN V. CALIFORNIAThe motion to direct the Clerk to file a petition for a writ of certiorari out-of-time is denied.
04M48 CLARK, CHERYL A. V. McLEOD, ELSEY M.The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner is denied.
04M49 CRUTCHFIELD, ALBERT P. V. GA DEPT. OF HUMAN RESOURCESThe motion for leave to file a petition for a writ of certiorari with the supplemental appendix under seal is denied without prejudice to filing a renewed motion together with a redacted version of the supplemental appendix within 30 days.
04-621 PUBL. UTILITY DIST. NO. 1 V. DYNEGY POWER MARKETING, ET AL.The motion to direct the Clerk to file a petition for a writ of certiorari out-of-time is denied.
04-637 BRADSHAW, WARDEN V. STUMPF, JOHN D.The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Breyer took no part in the consideration or decision of this petition.
04-805 ) TEXACO, INC. V. DAGHER, FOUAD N., ET AL.The motion of respondent for appointment of counsel is granted. Alan M. Freedman, Esquire, of Evanston, Illinois is appointed to serve as counsel for the respondent in this case.
04-6715 HALL, JERRY D. V. MILLER, CINDY C.The Acting Solicitor General is invited to file a brief in these cases expressing the views of the United States.
04-6964 JOHNSON, JAY S. V. CALIFORNIAThe motions of petitioners for reconsideration of orders denying leave to proceed in forma pauperis are denied.
04-7302 HOOD, ROBERT L. V. BECK, THEODIS, ET AL.The motion of petitioner for appointment of counsel is granted. Stephen B. Bedrick, Esquire, of Oakland, California, is appointed to serve as counsel for the petitioner in this case.
04-7635 COLLINS, MARGARET J. V. NORRIS, PATRICIA, ET AL.The motions of petitioners for reconsideration of orders denying leave to proceed in forma pauperis are denied.
The motions of petitioners for leave to proceed in forma pauperis are denied. Petitioners are allowed until March 15, 2005, within which to pay the docketing fees required by Rule 38(a) and to submit petitions in compliance with Rule 33.1 of the Rules of this Court.
CERTIORARI GRANTED
03-1238 ) IBP, INC. V. ALVAREZ, GABRIEL, ET AL.04-623 GONZALES, ATT'Y GEN., ET AL. V. OREGON, ET AL.The motion of National Chicken Council, et al. for leave to file a brief as amici curiae in No. 03-1238 is granted. The petition for a writ of certiorari in No. 03-1238 is granted limited to Question 1 presented by the petition. The petition for a writ of certiorari in No. 04-66 is granted limited to Question 1 presented by the petition and the following question: "Do employees have a right to compensation for time they must spend waiting at required safety equipment distribution stations?" The cases are consolidated and a total of one hour is allotted for oral argument.
The petitions for writs of certiorari are granted.
CERTIORARI DENIED
03-660 FREEMAN, JACK, ET UX. V. CIR04-753 INVERSIONES ERRAZURIZ LIMITADA V. STATE STREET BANK & TRUST CO.The petitions for writs of certiorari are denied.
04-770 LOUISIANA V. BROWN, QUINCYThe petition for a writ of certiorari is denied. Justice Breyer took no part in the consideration or decision of this petition.
04-778 PAN AMERICAN ENERGY, LLC V. CANDLEWOOD TIMBER GROUP, ET AL.The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.
04-792 CARTER, WARDEN V. CLINKSCALE, DAVID B.The petition for a writ of certiorari is denied. Justice Breyer took no part in the consideration or decision of this petition.
04-851 AQUAMAR S.A. V. E. I. DU PONT DE NEMOURS AND CO.The motions of respondents for leave to proceed in forma pauperis are granted. The petitions for writs of certiorari are denied.
04-954 PIMENTAL, ARTHUR L. V. UNITED STATESThe petition for a writ of certiorari is denied. Justice O'Connor took no part in the consideration or decision of this petition.
04-7454 DUNBAR, JEROME T. V. STATE STREET BANK & TRUST CO.The petition for a writ of certiorari is denied. The Chief Justice took no part in the consideration or decision of this petition.
04-7507 LEWIS, ROBERT V. CALIFORNIAThe petition for a writ of certiorari is denied. Justice Breyer took no part in the consideration or decision of this petition.
04-7653 ARANDA, ROQUE T. V. GALVIN, ERNESTO, ET AL.The petition for a writ of certiorari is denied. Justice Breyer would grant the petition for a writ of certiorari.
04-8205 HARVEY, WILLIAM E. V. UNITED STATESThe motions of petitioners for leave to proceed in forma pauperis are denied, and the petitions for writs of certiorari are dismissed. See Rule 39.8.
The motion of petitioner 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 petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner 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.
HABEAS CORPUS DENIED
04-1023 IN RE RICHARD L. ADAM04-7981 IN RE CLIFFORD E. AVERYThe petitions for writs of habeas corpus are denied.
The petition for a writ of habeas corpus is denied. Justice Souter took no part in the consideration or decision of this petition.
MANDAMUS DENIED
04-7203 IN RE ALVIN PHELPS04-7795 IN RE SHAWN GREENThe petitions for writs of mandamus are denied.
The motion of petitioner for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus and/or prohibition is dismissed. See Rule 39.8.
REHEARINGS DENIED
03-10445 CHAPMAN, J. TODD V. PENNSYLVANIA, ET AL.03-658 DEEP, JOHN A. V. RECORDING INDUSTRY ASSOC.The petitions for rehearing are denied.
The motions of petitioners for leave to file petitions for rehearing are denied.
ATTORNEY DISCIPLINE
D-2395 IN THE MATTER OF DISCIPLINE OF RUPERT ARVEL HALL, JR.D-2396 IN THE MATTER OF DISCIPLINE OF MATTHEW M. RUSSORupert Arvel Hall, Jr., of Moorestown, New Jersey, 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-2397 IN THE MATTER OF DISCIPLINE OF TERRY LEN McCOLLOUGHMatthew M. Russo, of Long Beach, New York, 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-2398 IN THE MATTER OF DISCIPLINE OF WARNER SMITH OLDSTerry Len McCollough, of Orlando, Florida, 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-2399 IN THE MATTER OF DISCIPLINE OF REID SCOTT NEUMANWarner Smith Olds, of Fort Lauderdale, Florida, 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-2400 IN THE MATTER OF DISCIPLINE OF ALAN I. KARTENReid Scott Neuman, of Northbrook, 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-2401 IN THE MATTER OF DISCIPLINE OF FERNAND LOUIS LAUDUMIEY, III.Alan I. Karten, of Miami, Florida, 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-2402 IN THE MATTER OF DISCIPLINE OF VAL K. SCHEURICH, III.Fernand Louis Laudumiey, III., of New Orleans, Louisiana, 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-2403 IN THE MATTER OF DISCIPLINE OF JOHN V. NORTONVal K. Scheurich, III., of New Orleans, Louisiana, 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-2404 IN THE MATTER OF DISCIPLINE OF JAMES GAULTNEY ETHEREDGEJohn V. Norton, of Minneapolis, Minnesota, 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-2405 IN THE MATTER OF DISCIPLINE OF ROBERT EDMOND SENTONJames Gaultney Etheredge, of Fort Walton Beach, Florida, 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-2406 IN THE MATTER OF DISCIPLINE OF JOHN MICHAEL POOLERobert Edmond Senton, of Tallahassee, Florida, 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-2407 IN THE MATTER OF DISCIPLINE OF JOHN SILVIA, JR.John Michael Poole, of Miami, Florida, 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-2408 IN THE MATTER OF DISCIPLINE OF WILLIAM HOWARD PIPPENJohn Silvia, Jr., of Somerset, Massachusetts, 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-2409 IN THE MATTER OF DISCIPLINE OF ROBERT W. RICKARDWilliam Howard Pippen, of Houston, Texas, 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-2410 IN THE MATTER OF DISCIPLINE OF RAHMAN OLALEKAN ASHIRURobert W. Rickard, of Houston, Texas, 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-2411 IN THE MATTER OF DISCIPLINE OF WILLIAM S. BOYD, III.Rahman Olalekan Ashiru, of Houston, Texas, 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-2412 IN THE MATTER OF DISCIPLINE OF ELLIOTT D. MOORMANWilliam S. Boyd, III., 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-2413 IN THE MATTER OF DISCIPLINE OF CHARLES STEVEN EPSTEINElliott D. Moorman, of East Orange, New Jersey, 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-2414 IN THE MATTER OF DISCIPLINE OF MARTIN STANLEY TANNERCharles Steven Epstein, of Edison, New Jersey, 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-2415 IN THE MATTER OF DISCIPLINE OF JOHN P. GROSSMartin Stanley Tanner, of Salt Lake City, Utah, 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-2416 IN THE MATTER OF DISCIPLINE OF DAVID NEWTON BUDAJohn P. Gross, of Kearny, New Jersey, 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-2417 IN THE MATTER OF DISCIPLINE OF SCOTT W. SPENCERDavid Newton Buda, of Fort Lee, New Jersey, 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-2418 IN THE MATTER OF DISCIPLINE OF DONALD ELIAS GEORGEScott W. Spencer, of Columbus, 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-2419 IN THE MATTER OF DISCIPLINE OF PAUL M. WHITAKERDonald Elias George, of Akron, 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.
Paul M. Whitaker, of Albany, New York, 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.