ORDER LIST ORDER LIST MONDAY, NOVEMBER 8, 1993 MONDAY, NOVEMBER 8, 1993 ORDERS IN PENDING CASES ORDERS IN PENDING CASES No. WILLIAM MERRELL V. JOHN D. SIMPSON, ET AL. ____ The motion to direct the Clerk to file a petition for a writ of certiorari out-of-time is denied. No. HENRY P. JONES V. JOHN H. DALTON, SECRETARY OF NAVY ____ The motion to direct the Clerk to file a petition for a writ of certiorari out-of-time is denied. No. JACK TRINSEY V. BRENDA K. MITCHELL, SECRETARY OF STATE ____ OF PENNSYLVANIA The motion to direct the Clerk to file a petition for a writ of certiorari out-of-time is denied. No. THOMAS H. FIGURES V. JANICE F. FIGURES ____ The motion to direct the Clerk to file a petition for a writ of certiorari out-of-time is denied. A-357 HOSSEIN SHAPOURI V. IMMIGRATION AND NATURALIZATION SERVICE The application for stay addressed to Justice Souter and referred to the Court is denied. D-1279 IN THE MATTER OF DISBARMENT OF RICHARD LLOYD PIPKINS It having been reported to the Court that Richard Lloyd Pipkins, of Las Vegas, Nevada, has been suspended from the practice of law before the Supreme Court of Nevada, and this Court by order of July 22, 1993, having suspended the said Richard Lloyd Pipkins from the practice of law in 1 this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; 2 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 Richard Lloyd Pipkins 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-1292 IN THE MATTER OF DISBARMENT OF JOHN M. ROBINSON It having been reported to the Court that John M. Robinson, of Houston, Texas, has resigned from the practice of law before the Supreme Court of Texas and this Court by order of August 26, 1993, having suspended the said John M. Robinson 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 M. Robinson 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-1296 IN THE MATTER OF DISBARMENT OF KURT A. HOHENSTEIN It having been reported to the Court that Kurt A. Hohenstein, of South Sioux City, Nebraska, has been disbarred from the practice of law by the Supreme Court of Iowa and this Court by order of August 26, 1993, having suspended the said Kurt A. Hohenstein from the practice of law in this Court and directed that a rule 3 issue requiring him to show cause why he should not be disbarred; 4 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 Kurt A. Hohenstein 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-1297 IN THE MATTER OF DISBARMENT OF ARTHUR ALLAN SMITH It having been reported to the Court that Arthur Allan Smith, of Dearborn, Michigan, has been disbarred from the practice of law by the Supreme Court of Michigan and this Court by order of August 26, 1993, having suspended the said Arthur Allan Smith 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 Arthur Allan Smith 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 is ordered that Yale H. Iverson, of West Des Moines, Iowa, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. 5 D-1323 IN THE MATTER OF DISBARMENT OF ALBERT JOSEPH STEFFEN It is ordered that Albert Joseph Steffen, of 6 Cincinnati, Ohio, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. D-1324 IN THE MATTER OF DISBARMENT OF RAPHAEL RIOS It is ordered that Raphael Rios, of Chicago, Illinois, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. 92-1392 ) SHALALA, SEC., H&HS V. SCHOOLCRAFT, DANIEL, ET AL. ) 92-1395 ) ROERS, WALTER, ETC., ET AL. V. SCHOOLCRAFT, DANIEL, ET AL. The motion of the parties to further defer consideration of petitions for writs of certiorari is granted. 92-1402 C & A CARBONE, INC., ET AL. V. CLARKSTOWN, NEW YORK The motion of respondent for leave to file a limited sur-reply brief is denied. 92-1450 WATERS, CYNTHIA, ET AL. V. CHURCHILL, CHERYL, ET AL. The motion of American Nurses Association for leave to file a brief as amicus curiae is granted. _____________ 92-1639 CHICAGO, ET AL. V. ENVTL. DEFENSE FUND, ET AL. The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for _____________ divided argument is granted to be divided as follows: 25 minutes - petitioners; 25 minutes - respondents; and 10 minutes - Solicitor General. 92-1662 UNITED STATES V. GRANDERSON, RALPH STUART 7 The motion of respondent to dismiss the writ as improvidently granted is denied. 8 92-1941 UNITED STATES V. CARLTON, JERRY The motion of the Solicitor General to dispense with printing the joint appendix is granted. 92-9014 IN RE FREDERICK BAUER The motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis is denied. _________________ 93-70 ) OR WASTE SYSTEMS, ET AL. V. DEPT. OF ENVTL. QUALITY ) 93-108 ) COLUMBIA RESOURCE CO. V. DEPT. OF ENVTL. QUALITY The motion of petitioners to dispense with printing the joint appendix is granted. 93-144 DEPT. OF REV. OF MONTANA V. KURTH RANCH, ET AL. The motion of petitioner to dispense with printing the joint appendix is granted. 93-5622 JONES, SYLVESTER V. JACKSON, JUDGE, USDC, ET AL. The motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis is _________________ denied. Justice Ginsburg took no part in the consideration or decision of this motion. 93-6042 KRUSE, KATHLEEN A. V. IOWA DEPT. OF HUMAN SERVICES The motion of petitioner for leave to proceed in __ forma pauperis is denied. Petitioner is allowed until ______________________________ November 29, 1993, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. 93-6130 IN RE SYLVESTER JONES The motion of petitioner for leave to proceed in __ forma pauperis is denied. See Rule 39.8. Petitioner is ______________________________ allowed until November 29, 1993, within which to pay the docketing fee required by Rule 38(a) and to submit a 9 petition in compliance with Rule 33 of the Rules of this Court. 10 93-6255 STEINES, LORIN, ET UX. V. IRS The motion of petitioners for leave to proceed in __ forma pauperis is denied. Petitioners are allowed until ______________________________ November 29, 1993, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. CERTIORARI GRANTED CERTIORARI GRANTED 93-5418 REED, ORRIN S. V. FARLEY, SUPT., ET AL. The motion of petitioner for leave to proceed in __ forma pauperis and the petition for a writ of certiorari ______________________________ are granted. CERTIORARI DENIED CERTIORARI DENIED 92-1862 B. C., JR.. V. LOUISIANA 92-8798 HILL, MICHAEL V. CALIFORNIA 92-8872 COX, JOHN ALLEN V. BUNNELL, B. J., SUPT. 92-9158 HOUSTON, JONATHAN M. V. UNITED STATES 93-38 FARMER, DEE V. HAAS, RICHARD, ET AL. 93-90 BLAKE CONSTR. CO. V. UNTED STATES 93-97 RIND, MAURICE V. SEC 93-171 KAMEHAMEHA SCHOOLS V. EEOC 93-253 GRUNWALD, DEBRA, ET AL. V. SAN BERNARDINO, ETC., ET AL. 93-256 PASSAIC VALLEY, ETC. V. U.S. DEPT. OF LABOR, ET AL. 93-259 MONROE COUNTY, FLORIDA V. NEW PORT LARGO, INC. 93-271 MADISON LIBRARY, ET AL. V. UNITED STATES 93-409 BRAINERD AREA CIVIC, ET AL. V. MINNESOTA COMMR. OF REVENUE 93-410 UPP, JOHN, ETC. V. MELLON BANK, N.A. 93-411 SCHLOEGEL, GEORGE, ET AL. V. BOSWELL, LAURIE 11 93-417 REALTY PHOTO MASTER CORP. V. MONTGOMERY CTY. ASSN. REALT. 93-419 BOULET, VIRGINIA, ET AL. V. THIBODEAUX, ULYSSES, ET AL. 12 93-425 MUTUAL OF OMAHA LIFE, ETC. V. DAHL-EIMERS, MARY 93-426 PACIFIC LIGHTING, ET AL. V. MGW, INC. 93-427 CLOWES, JANET V. ALLEGHENY VALLEY HOSPITAL 93-435 ST. PAUL FIRE & MARINE, ETC. V. CAMP, ANNA, ET AL. 93-441 GULF COAST INDUSTRIAL, ETC. V. EXXON COMPANY, USA 93-443 McINTOSH, JEAN, ETC. V. PACIFIC HOLDING CO., ET AL. 93-448 ABRAMSON ENTERPRISES V. THOMAS, EDWARD 93-462 BETKE, ROBERT V. NEBRASKA 93-465 SCARFONE, JAMES V. MI ST. BD. OF LAW EXAMRS. 93-493 TAPERT, RICHARD V. UNITED STATES 93-505 ALTO-SHAAM, INC. V. NLRB 93-511 CHISNELL, DOLORES, ETC. V. PA STATE POLICE, ETC., ET AL. 93-512 WILLIAMS, MELVIN, ET UX. V. CIR 93-513 FODEN, MARIA, ET VIR V. ALDUNATE, SILVIA, ET AL. 93-546 MUSSLYN, KENNETH V. UNITED STATES 93-552 RATLIFF, AARON V. UNITED STATES 93-553 TRANDES CORPORATION V. GUY F. ATKINSON COMPANY 93-5250 HARRIS, CULLEN R. V. UNITED STATES 93-5462 GRAY, LLOYD V. WHITLEY, WARDEN, ET AL. 93-5474 MOUNT, CHARLES M. V. USDC FOR D MA 93-5487 WINDHAM, HAROLD WAYNE V. UNITED STATES 93-5505 WILDBERGER, ROBERT V. ROSENBAUM, LAWRENCE, ET AL. 93-5530 WILLIAMS, WALTER V. UNITED STATES 93-5581 JONES, WILLIAM T. V. ILLINOIS 93-5585 ROBERSON, BRIAN KEITH V. TEXAS 93-5586 MORENO, JOSE ANGEL V. TEXAS 93-5600 VINAGERA-CESAR, THOMAS V. UNITED STATES 93-5621 THOMPSON, WILLIAM V. FLORIDA 93-5631 NICHOLS, KATHERINE V. UNITED STATES 13 93-5646 CULLUM, LARRY JOSEPH V. UNITED STATES 93-5818 DELOSANTOS, JOSE RAMIREZ V. UNITED STATES 14 93-5820 HERRERA, WILLIAM D. V. ARIZONA 93-5874 SPARKS, WILLIE V. TENNESSEE 93-5952 JACKSON, SHERRY V. MORO, JOY, ET AL. 93-5965 TAYLOR, CONIE V. MI DEPT OF CORR., ET AL. 93-5966 IRVIN, JAMES M. V. ARMONTROUT, ASST. DIR. 93-5972 LOVETT, JACKIE RAY V. ELLINGSWORTH, WARDEN, ET AL. 93-5974 RUDDER, WAYNE RICKY ELSON V. LA COUNTY SUPERIOR COURT 93-5975 RUPE, PAUL ANTHONY V. BORG, WARDEN 93-5979 THOMAS, MACK WILLIE V. DUTROW, RICHARD, ET AL. 93-5981 CAMARENA, HECTOR V. CALIFORNIA 93-5982 CAMARENA, HECTOR V. CA DEPT. OF CORRECTIONS 93-5984 CATON, BRUCE PAUL V. MAZE, JOE, ET AL. 93-5988 LIGHTBOURNE, IAN DECO V. CHILES, GOV. OF FL, ET AL. 93-5993 EL-TAYEB, ALI V. RABINOWITZ, GARY, ET AL. 93-5994 JONES, ANTHONY V. WHITE, WARDEN, ET AL. 93-5996 SANDERS, JOHN V. HARGETT, SUPT., MS 93-5997 ELINE, RICHARD C. V. MTV, INC., ET AL. 93-5998 BROOKS, R. L. V. WOMBACHER, DOUG, ET AL. 93-5999 BROOKS, R. L. V. GREER, WARDEN 93-6000 BROOKS, R. L. V. CHILDS, WARDEN, ET AL. 93-6002 PIPKINS, RICHARD V. STATE BAR OF NEVADA 93-6003 RUBIANI, JOSE A. V. THOMAS, WARDEN 93-6004 ) GARCIA, LUIS H. V. UNITED STATES ) 93-6104 ) PAULINO, LUIS V. UNITED STATES ) 93-6120 ) LOPEZ, EDUARDO BURGOS V. UNITED STATES ) 93-6165 ) LEONARDO, DANILO JACINTO V. UNITED STATES 93-6005 SCHUSTER, SHAWN V. SOUTH DAKOTA 93-6013 THOMAS, ALBERT V. NEWSOME, WARDEN, ET AL. 93-6015 ELMORE, MICHAEL G. V. BUNNELL, WARDEN, ET AL. 15 93-6016 BRASFIELD, TONY LYNN V. BRASFIELD, CHERYL DENISE 93-6017 JAMES, CHARLES V. SHIPLEVY, WARDEN 16 93-6019 JACKSON, OTIS V. UNITED STATES 93-6022 BLAKE, RICK V. COUGHLIN, COMMR. 93-6023 CARR, KENNETH L. V. CALIFORNIA 93-6024 BAXTER, TERRENCE V. ROSEMEYER, SUPT., ET AL. 93-6026 BEASLEY, RAYMOND DEVAUNT V. TEXAS 93-6030 PRATT, JESSE CLARENCE V. OREGON 93-6031 GRAHAM, ELEON J. V. NEW JERSEY 93-6034 REYNA, FELIX ALVERAS V. TX DCJ, ET AL. 93-6036 FREEMAN, JEROME V. ILLINOIS 93-6037 CLAY, ALBERT RUSSELL V. VIRGINIA 93-6039 INGRAM, ROBERT K. V. UNITED STATES 93-6048 SEYMOUR, BEVERLY ANN V. MONEY, WARDEN 93-6052 ELLIS, NATHAN JEROME V. BORG, WARDEN 93-6053 ERVIN, ROY CHARLES V. COLLINS, DIR., TX DCJ 93-6055 DUNCAN, DONN V. FLORIDA 93-6057 WAHI, SURINDER V. HERMAN, STUART 93-6059 WHITE, BRODERICK V. TEMPLE UNIVERSITY 93-6079 WASHINGTON, IBUKUN'OLUWA V. COLLINS, DIR., TX DCJ 93-6089 NORTH, FLOYD LEE V. OKLAHOMA 93-6090 HYDER, CALVIN RAY V. COLLINS, DIR., TX DCJ 93-6091 MOATS, JAMES FILLIP V. REID, ET AL. 93-6092 MORRISON, CAROL A. V. ASSOC. IN INTERNAL MEDICINE 93-6101 WILSON, ALLEN V. CURRAN, ATTY. GEN. OF MD 93-6108 WORONCOW, WIACZESLAW V. NEW YORK 93-6141 PETROS, MIKE J. V. SANITATION DEPT., ET AL. 93-6142 DECKER, GINA V. HALPIN, PATRICK, ET AL. 93-6157 SATTERWHITE, JOHN V. TEXAS 93-6160 ASHELMAN, KENNETH V. LEWIS, SAMUEL, ET AL. 93-6174 DURHAM, DONNIE GRAY V. UNITED STATES 17 93-6176 BRONSON, PURCELL V. ZIMMERMAN, CHARLES, ET AL. 93-6177 HARWOOD, ALAN E. V. UNITED STATES 18 93-6180 McQUEEN, SYNNACHIA CARL V. TEXAS 93-6190 EBOW, WARREN J. V. UNITED STATES 93-6215 ROBERTSON, JOHN V. UNITED STATES 93-6231 STOVALL, JERRY LAMAR V. UNITED STATES 93-6244 OJEDA-JIMENEZ, TAURINO V. UNITED STATES 93-6245 RUSSELL, ARMINTA MOHUNDRO V. UNITED STATES 93-6246 ROQUE-ROMERO, JUSTO V. UNITED STATES 93-6258 MORENO, RAYMOND V. UNITED STATES 93-6259 ROSILES-ORTIZ, BALTASAR V. UNITED STATES 93-6263 MURPHY, CHARLES HARDIN V. UNITED STATES 93-6274 HERNANDEZ-GARZA, AUSENCIO V. UNITED STATES 93-6275 FANT, THEODORE R. V. UNITED STATES 93-6276 McCRAY, LARRY WAYNE V. UNITED STATES 93-6277 PENASS, WENDELL V. UNITED STATES 93-6278 RENO, RUSSELL T. V. UNITED STATES 93-6282 STATON, TYRONE LOVELL V. UNITED STATES 93-6283 SENIOR, MARCIA ANN V. UNITED STATES 93-6284 THOMPSON, WILLIAM V. UNITED STATES 93-6285 MARTINEZ, ABELARDO MAZIZA V. UNITED STATES 93-6290 MOUNT, CHARLES MERRILL V. UNITED STATES 93-6346 BARTLETT, WILLIAM C. V. DOMOVICH, WARDEN, ET AL. The petitions for writs of certiorari are denied. 93-277 THERIOT, HARRY, ET AL. V. GREAT WESTERN COCA COLA The petition for a writ of certiorari is denied. Justice Blackmun took no part in the consideration or decision of this petition. 93-433 PITRE, ESTATE OF JANICE, ETC V. WESTERN ELECTRIC COMPANY The petition for a writ of certiorari is denied. Justice O'Connor took no part in the consideration or 19 decision of this petition. 93-434 SUSAN R. M., ETC. V. NE INDEP. SCH. DIST., ET AL. 20 The motion of petitioner to strike respondent Texas Education's statement is denied. The petition for a writ of certiorari is denied. HABEAS CORPUS DENIED HABEAS CORPUS DENIED 93-6352 IN RE BILLY PUNCHARD 93-6372 IN RE GUSTAV SKURDAL The petitions for writs of habeas corpus are denied. REHEARINGS DENIED REHEARINGS DENIED 92-8265 MOORE, LEE ALPHONSO V. HAM, CORR. CAPTAIN, ET AL. 92-8802 CURRY, PAMELA J. V. LEDGER PUBLISH. CORP., ET AL. 92-8853 FITE, JAMES T. V. CANTRELL, PHILLIP, ET AL. 92-8862 ) NEWTOP, EDWARD N. V. SAN FRANCISCO SUPERIOR COURT ) 92-8863 ) NEWTOP, EDWARD N. V. SAN FRANCISCO SUPERIOR COURT ) 92-8864 ) NEWTOP, EDWARD N. V. SAN FRANCISCO SUPERIOR COURT 92-8918 McQUEEN, SYNNACHIA V. POLLARD, CAROLYN 92-9116 TERRIZZI, JOSEPH V. STAINER, WARDEN 92-9145 OWENS, HENRY V. ASHLEY, WALTER 92-9234 DEMPSEY, JOHN V. SEARS, ROEBUCK & CO. 93-5024 TILLI, DANIEL V. BOARD OF REVIEW 93-5090 LEE, VINCENT X. V. ARMONTROUT, ASST. DIR. 93-5100 GREEN, FELTON B. V. SHEFFIELD, SUPT., DADE 93-5172 FRANKLIN, GUY D. V. WITKOWSKI, WARDEN, ET AL. 93-5181 WARD, BERT V. BERRY, WARDEN, ET AL. 93-5183 MALLON, JOSEPH V. UNITED STATES 93-5193 BARRIOS, JULIO V. UNITED STATES 93-5594 ANDERSON, IN RE GRANT 21 93-5603 WHITE, VONDELERE V. INTERNATIONAL UNION PLANT 93-5754 HORNICK, THOMAS V. UNITED STATES 22 The petitions for rehearing are denied. RECESS ORDER RECESS ORDER The Court will take a recess from Monday, November 15, 1993, until Monday, November 29, 1993. MOTIONS FOR ADMISSION MOTIONS FOR ADMISSION The written motions for admission of the following lawyers to the Bar of this Court are granted: 23