MONDAY, MARCH 10, 2003 CERTIORARI -- SUMMARY DISPOSITION MAYLE, WARDEN, ET AL. V. BROWN, RICHARD N., ET AL.

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1 (ORDER LIST: 538 U.S.) MONDAY, MARCH 10, 2003 CERTIORARI -- SUMMARY DISPOSITION MAYLE, WARDEN, ET AL. V. BROWN, RICHARD N., ET AL. The motion of respondents 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 United States Court of Appeals for the Ninth Circuit for further consideration in light of Lockyer v. Andrade, 538 U. S. (2003) HERBERT, TODD A. 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 Fourth Circuit for further consideration in light of Clay v. United States, 537 U. S. (2003) SIFFORD, CURTIS 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 Fourth Circuit for further consideration in light of Clay v. United States, 537 U. S. (2003). 1

2 McGRATH, WARDEN, ET AL. V. CHIA, MICHAEL S. 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 Ninth Circuit for further consideration in light of Lockyer v. Andrade, 538 U. S. (2003) SIMBOLI, ROBERT V. CROSBY, SEC., FL DOC, ET AL. 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 Eleventh Circuit for further consideration in light of Clay v. United States, 537 U. S. (2003) QUICK, MELVIN 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 Fourth Circuit for further consideration in light of Clay v. United States, 537 U. S. (2003). ORDERS IN PENDING CASES 02A624 DIANE P. GILES V. JOHN ASHCROFT, ATTORNEY GENERAL The application for stay addressed to Justice Stevens and referred to the Court is denied. 2

3 02M64 BEATY, DONALD E. V. RYAN, ACT. DIR., AZ DOC 02M65 MEHTA, KIRIT V. KONICA BUSINESS MACHINES The motions to direct the Clerk to file petitions for writs of certiorari out-of-time are denied OVERTON, DIR., MI DOC V. BAZZETTA, MICHELLE, ET AL. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted LAWRENCE, JOHN G., ET AL. V. TEXAS The motion of Center for Law and Justice International for leave to file a brief as amicus curiae is granted GRUTTER, BARBARA V. BOLLINGER, LEE, ET AL. 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 Exxon Mobil Corporation for leave to file a brief as amicus curiae is granted. The motion of respondent Kimberly James, et al. for enlargement of argument time and for divided argument, or in the alternative, for divided argument is denied GRATZ, JENNIFER, ET AL. V. BOLLINGER, LEE, ET AL. 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 Exxon Mobil Corporation for leave to file a brief as amicus curiae 3

4 is granted. The motion of respondent Ebony Patterson, et al. for additional argument time and for divided argument, or in the alternative, for divided argument is denied GREEN TREE FINANCIAL CORP. V. BAZZLE, LYNN W., ET AL. The motion of Washington Legal Foundation for leave to file a brief as amicus curiae is granted AM. INS. ASSN., ET AL. V. GARAMENDI, JOHN, ETC. The motion of Mitsubishi Materials Corporation, et al. for leave to file a brief as amici curiae is granted HOUSEHOLD CREDIT SERVICES V. PFENNIG, SHARON R. The Solicitor General is invited to file a brief in this case expressing the views of the United States. CERTIORARI GRANTED LAMIE, JOHN M. V. UNITED STATES TRUSTEE The petition for a writ of certiorari is granted FREW, LINDA, ETC., ET AL. V. HAWKINS, COMM'R, TX H&HS The petition for a writ of certiorari is granted limited to Questions 1 and 2 presented by the petition VERIZON COMMUNICATIONS V. LAW OFFICES OF CURTIS TRINKO The petition for a writ of certiorari is granted limited to the following Question: "Did the Court of Appeals err in reversing the District Court's dismissal of respondent's antitrust claims?" 4

5 FELLERS, JOHN J. V. UNITED STATES The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. CERTIORARI DENIED BOWEN, JESUS P. V. CALIFORNIA MacPHEAT, WILLIAM R. V. MAZUREK, JOE, ET AL JACKSON, JIMMY J. V. CALIFORNIA MATTHEWS, DARYL D. V. CALIFORNIA HARRIS, DONALD E. V. CALIFORNIA WRIGHT, JOHN A. V. MOORE, SEC., FL DOC ANDERSON, PATRICIA, ET AL. V. TREADWELL, SEC. OF ST. OF NY RODRIGUEZ, JOE J. V. FARRELL, WAYNE, ET AL ROGERS MACHINERY CO., INC. V. WASHINGTON COUNTY, OR GRIFFIS, KATHERINE V. LUBAN, MARIANNE JERICOL MINING INC., ET AL. V. NAPIER, EUGENE, ET AL RANCHO LOBO, LTD. V. DeVARGAS, ANTONIO, ET AL VAILE, R. SCOTLUND V. PORSBOLL, CISILIE A., ET AL BOISE CASCADE CORP. V. UNITED STATES ALABAMA V. BRYANT, SEDINA L BALLARD, TERESA, ET AL. V. ADVANCE AMERICA, ET AL FLUOR HANFORD, INC., ET AL. V. BRUNDRIDGE, SCOTT, ET AL MAYFIELD HEIGHTS, OH, ET AL. V. SHEMO, MICHAEL, ET AL MONTALVO, NANCY, ET AL. V. BORKOVEC, TERRE, ET AL MESSINA, JOHN P. V. JOHN LABATT LTD., ET AL NICKLAS, JOHN V. EAGLE, KIM, ET AL. 5

6 ELVIN, ARTHUR, ET AL. V. SUPERIOR COURT OF CA SEARLES, KEVIN, ET AL. V. PATEL, JATIN NARTRON CORP. V. STMICROELECTRONICS, INC SCICCHITANO, DON, ET AL. vs. MT. CARMEL, PA, AREA SCHOOL BAU, NORMAN J. V. ACTAMED CORP BRASSICA PROTECTION PROD. V. SUNRISE FARMS, ET AL TRI-COUNTY CONCERNED CITIZEN V. CARR, RAYMOND, ET AL HORTON, ROBERT V. CITY COLLEGES OF CHICAGO HARPER, JANELL S. V. AL PERSONNEL BD., ET AL FARROW, FRANK L. V. AMER. POSTAL WORKERS, ET AL MULCAHEY SEAN M. V. EURO GENERAL CONTRACTORS MILLER, MICHAEL L. V. SOUTHWESTERN BELL TELEPHONE SNOHOMISH COUNTY, WA, ET AL. V. GOBIN, KIM, ET AL SCHER, STEPHEN B. V. PENNSYLVANIA BROWN, CHRISTOPHER T. vs. LI, CHARLES, ET AL DACOSTA, MELANIE L. V. NWACHUKWA, STANISLAUS MEDVED, VIOLA V. WORKERS' COMP. APPLS. BD ROEHSLER, PETER V. MIDDLESEX COUNTY HEALTH MAYER, JOSEPH P., ET AL. V. TRANSAMERICA TITLE INS. CO CARTWRIGHT, MICHAEL, ET AL. V. PERDUE, GOV. OF GA, ET AL LEWIS, EDWARD M., ET AL. V. STOLLE, SANDRA, ET AL STEWART, ALLEN W. V. UNITED STATES SHEPARD, RICHARD V. CALIFORNIA SCOGGINS, LAMONT J. V. CALIFORNIA JOHNSON, DARRELL V. LOUISIANA RANKINS, RANDOLPH V. CAREY, WARDEN, ET AL ROGERS, ROY E. V. YARBOROUGH, WARDEN, ET AL. 6

7 HYATT, WILLIAM K. V. KENTUCKY RIOS, ALBERTO V. ALAMEIDA, DIR., CA DOC HUGHES, SAM W. V. CALIFORNIA PAGTALUNAN, DAVID V. GALAZA, WARDEN PIMPTON, BILLY R. V. CALIFORNIA SANCHEZ-SANCHEZ, CESAR V. UNITED STATES ARAUJO, MARIA L. V. UNITED STATES HERNANDEZ, MANUEL, ET AL. V. UNITED STATES YATES, IVON E. V. UNITED STATES KURDYUKOV, SERGIY V. UNITED STATES MARINICH, JEANETTE V. PEOPLES GAS LIGHT AND COKE WANG, STEPHEN V. CIR DOPP, RICHARD L. V. HARKINS, SHERIFF, ET AL McLEOD, WANDA B. V. SESSIONS, WARDEN BONARD, LAZARO C. V. FLORIDA TEAGUE, HUBERT E. V. WOLFE, SAMUEL J., ET AL ABDULLAH, ZAKEE K. V. TEXAS DARBY, RICHARD A. V. CAIN, WARDEN DeVAUGHN, MICHAEL O. V. DOVE, WARDEN DUDLEY, LEE A. V. JONES, WARDEN HOOKS, LAMONT B. V. CICCOLINI, THOMAS, ET AL GLADNEY, ABRAHAM V. PENDLETON CORR. FAC., ET AL SCOTT, MARILYN V. ADULT PROTECTIVE SERVICES ARNOLD, DUDLEY V. HALL, WARDEN FRANCIS, LOUIS V. BROWN, WARDEN, ET AL TERRY, RONALD V. COMPTON, JOHNNY, ET AL VonBORSTEL, DAVID V. FLORIDA 7

8 CHIPP, ADOLPH J. V. CROSBY, SEC., FL DOC DEHONEY, MICHAEL F. V. MONTGOMERY, WARDEN, ET AL ELRAWI, MOHAMED A. V. CALIFORNIA WEAVER, STEVEN L. V. TEXAS WILLIS, BRUCE L. V. COCKRELL, DIR., TX DCJ WILLIAMS, STACEY A. V. THOMPSON, WARDEN, ET AL WILSON, DONALD P. V. BECK, HAROLD W., ET AL WITHEROW, JOHN V. MELIGAN, WARDEN SIMPSON, RONALD, ET AL. V. IDAHO MARSHALL, ROBERT O. V. HENDRICKS, ROY L., ET AL CLAY, KEITH B. V. COCKRELL, DIR., TX DCJ WHITSON, DARIUS J. V. MARRIOTT PAVILION, ET AL PAGAN, OSCAR V. GOORD, COMM'R, NY DOC CASH, KELLY V. YUKINS, WARDEN LEWIS, JAMES N. V. HOLDER, CARL THOMAS, RODNEY V. CROSBY, SEC., FL DOC VOGEL, CHRISTOPHER A. V. ARIZONA BARKSDALE, KENNETH W. V. ANGELONE, DIR., VA DOC GRUBOR, JOHN V. GRUBOR, KAREN JONES, JEFFERY R. V. RILEY, BOB, ET AL EDMOND, ALBERT V. HANCOCK, REGINA, ET AL DANIELS, JOHN V. SHANNON, SUPT., MAHANOY BISHOP, KYLE R. V. STREEFKIRK, DARRELL, ET AL BISHOP, KYLE R. V. SCOTT, DAVID, ET UX CELAJ, ALI V. GREINER, SUPT., GREEN HAVEN CARDENAS, LEOPOLDO C. V. WASHINGTON DEDMON, ANDRE V. YARBOROUGH, WARDEN, ET AL. 8

9 BAILEY, DEMETRIUS V. BLAINE, SUPT., GREENE ALLEN, NELSON V. CRAWFORD, DIR., NV DOC MUSAYEV, AREF K. V. WASHINGTON CLAIBORNE, DENNIS G. V. IRWIN, GARY DELL, LAWRENCE V. STRAUB, WARDEN DeLOATCH, ANTHONY V. JOHNSON, SUPT., PITTSBURGH CHAPEY, MICHAEL V. KEMNA, SUPT., CROSSROADS GLEAN, MICHAEL V. SIKES, WARDEN LI, HELEN V. UNIV. OF TEXAS, ETC., ET AL CLARKE, TIMOTHY V. HAWORTH, VIRGINIA CAMPBELL, LAMAR V. GRAYSON, WARDEN THURSTON, JOHN E. V. FLORIDA SCOTT, WILLIAM G. V. SMITH, WARDEN SILVA, NORA V. KALBAC, DANIEL GOSSARD, JAMES H. V. VIRGINIA CASTANEDA-GARCIA, JESUS V. UNITED STATES DIEZ, LAZARO V. UNITED STATES FREEMAN, KERRICK V. UNITED STATES D'ALESSANDRO, JOSEPH L. vs. L.L. BEAN, INC., ET AL AYALA, JOHN V. ILLINOIS BUDD, LARRY J. vs. U. S. PAROLE COMM'N, ET AL McREYNOLDS, MARLON, ET AL. V. UNITED STATES MICK, STEVEN E. V. UNITED STATES GOMEZ-VAZQUEZ, EDUARDO V. UNITED STATES ADDY, DIXON V. UNITED STATES LONDON, WILLIE J. V. MILLER, SUPT., EASTERN COGER, WILLIAM D. V. UNITED STATES 9

10 BENTON, THOMAS L. V. CRIST, ATT'Y GEN. OF FL WILLIAMS, LORETTA V. ILLINOIS BUTLER, EDWARD R. V. UNITED STATES TAUMOEPEAU, RICHARD B. V. UNITED STATES CHAVEZ, JUAN R. V. COCKRELL, DIR., TX DCJ JULIAN, EDWARD V. UNITED STATES VANASSE, MICHAEL V. UNITED STATES WRIGHT, CHEKILA L. V. UNITED STATES COOPER, WANDA V. ILLINOIS ARELLANO-TORRES, MIGUEL A. V. UNITED STATES MARTIN, ROBERT E. V. UNITED STATES JOHNSON, LAWRENCE V. UNITED STATES THIBODEAU, PEGGY SUE V. UNITED STATES IKNER, REGINALD W. V. UNITED STATES SHAMISELDIN, DENISE V. ILLINOIS BALL, MICHAEL D. V. UNITED STATES ELLIS, GREG V. ILLINOIS SCULLOCK, WILLIE A. V. CROSBY, SEC., FL DOC PERRY, ALONZO R. V. McCAUGHTRY, WARDEN The petitions for writs of certiorari are denied AGENCIA LA ESPERANZA CORP. V. ORANGE CTY. BD. SUPERVISORS The motion of National Association of Home Builders for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied SILVEY, PATRICIA W. V. CHAO, SEC. OF LABOR The petition for a writ of certiorari is denied. Justice Scalia took no part in the consideration or 10

11 decision of this petition OVERNITE TRANSP. CO. V. INT'L BRO. TEAMSTERS, ET AL. The motion of National Right to Work Legal Defense Foundation, Inc. for leave to file a brief as amicus curiae is granted. The motion of Chamber of Commerce of the United States for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied EURY, MUHAMMAD A. S. vs. HAMILTON, SERGEANT, ET AL EURY, MUHAMMAD A. S. vs. ROUNTREE, MR., ET AL EURY, MUHAMMAD A. S. vs. GOINS, OFFICER, ET AL. The motions of petitioner for leave to proceed in forma pauperis are denied, and the petitions for writs of certiorari are dismissed. See Rule MANDAMUS DENIED IN RE KATHLEEN COLLINS AND MARY COLLINS The petition for a writ of mandamus is denied. REHEARINGS DENIED ELDRED, ERIC, ET AL. V. ASHCROFT, ATTORNEY GENERAL THOMAS, GREGORY M. V. UNITED STATES AGUILERA, ENOC C., ET UX. vs. DANIELS/NICHOLSON INS PALUMBO, FRANK D. V. WEILL, SANFORD I., ET AL ST. HILAIRE, CLEMENT A. V. NEW HAMPSHIRE REAL ESTATE IN RE JOYCE PATTERSON-BEGGS PRATHER, JOHNNY I. vs. GA BD. OF PARDONS & PAROLES 11

12 IN RE MARTHA M. TOPPS WHIGHAM, DIANNA V. ARIZONA, ET AL WILCOX, ROBERTA V. IRON OUT, INC., ET AL THARPE, KEITH L. V. HEAD, WARDEN McLEOD, LEON V. JONES, WARDEN CHANEY, RONALD J. V. USPS DOYHARZABAL, JOSE A. V. UNITED STATES The petitions for rehearing are denied PEABODY COAL CO. V. GROVES, DIR., OWCP The petition for rehearing is denied. Justice Scalia took no part in the consideration or decision of this petition HAUGHTON, RALSTON, ET UX. V. WAL-MART STORES, INC BOYCE, JAMES M., ET UX. V. UNITED STATES The petitions for rehearing are denied. Justice Breyer took no part in the consideration or decision of these petitions. ATTORNEY DISCIPLINE D-2346 IN THE MATTER OF CHARLES W. SULLIVAN Charles W. Sullivan, of New York, New York, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to the practice of law before this Court. The Rule to Show Cause, issued on February 24, 2003, is discharged. 12

13 D-2347 IN THE MATTER OF DISCIPLINE OF DAVID CALDWELL David Caldwell, of Dallas, 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-2348 IN THE MATTER OF DISCIPLINE OF MILES HARTMAN APPLEBERRY Miles Hartman Appleberry, of San Antonio, 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-2349 IN THE MATTER OF DISCIPLINE OF EDWARD NICHOLAS DANERI Edward Nicholas Daneri, of San Antonio, 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-2350 IN THE MATTER OF DISCIPLINE OF STEVEN M. CARSEY Steven M. Carsey, of Fort Worth, 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-2351 IN THE MATTER OF DISCIPLINE OF RONALD BRUCE LAYER Ronald Bruce Layer, of San Antonio, Texas, is suspended from the practice of law in this Court and a 13

14 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-2352 IN THE MATTER OF DISCIPLINE OF DENNIS FRANCIS MONAHAN Dennis Francis Monahan, of Medway, 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-2353 IN THE MATTER OF DISCIPLINE OF JAMES ANTHONY GIBBONS James Anthony Gibbons, of Clinton, 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. 14