Text File

(ORDER LIST: 531 U.S.)

MONDAY, JANUARY 22, 2001

CERTIORARI -- SUMMARY DISPOSIT ION

00-5949 SMITH, MIKE 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

Fifth Circuit for further consideration in light of

Apprendi v. New Jersey, 530 U.S. 466 (2000).

ORDERS IN PENDING CASES

00M58 SHIREY, CADY, ET AL. V. ALEXANDRIA SCHOOL BOARD

The motion to direct the Clerk to file a petition

for a writ of certiorari out-of-time is denied.

105, ORIG. KANSAS V. COLORADO

The motion of Colorado for leave to file a reply to

the brief of the United States is granted, and the parties

are allowed to and including February 2, 2001, within which

to file replies. The Exceptions to the Report of the

Special Master are set for oral argument in due course.

99-1815 NLRB V. KY RIVER COMMUN. CARE, INC.

The motion of Service Employees International

Union, et al., for leave to file a brief as amici curiae

is granted. The motion of American Nurses Association

1

for leave to file a brief as amicus curiae is granted.

99-1848 BUCKHANNON BOARD & CARE HOME V. WV DEPT. HEALTH & HUMAN

99-2047 PALAZZOLO, ANTHONY V. RHODE ISLAND, ET AL.

00-152 LUJAN, CA LABOR COMM'R V. G & G FIRE SPRINKLERS, INC.

The motions of the Solicitor General for leave to

participate in oral argument as amicus curiae and for

divided argument are granted.

99-1884 LACKAWANNA CTY. D. A., ET AL V. COSS, EDWARD R.

The motion of Colorado for leave to participate in

oral argument as amicus curiae and for divided argument

is granted.

99-1977 SAUCIER, DONALD V. KATZ, ELLIOT, ET AL.

The motion of Criminal Justice Legal Foundation

for leave to file a brief as amicus curiae is granted.

99-7791 ) ZADVYDAS, KESTUTIS V. UNDERDOWN, LYNNE, ET AL. ) 00-38 ) RENO, ATTY. GEN., ET AL. V. MA, KIM H.

The motion of respondent Ma and petitioner

Zadvydas for additional time for oral argument

and for divided argument is granted.

00-6374 BECKER, DALE G. V. MONTGOMERY, ATTY. GEN. OF OH

The motion for appointment of counsel is granted

and it is ordered that Jeffrey S. Sutton, Esquire, of

Columbus, Ohio, is appointed to serve as counsel for the

petitioner in this case.

2

CERTIORARI GRANTED

00-795 RENO, ATTY. GEN., ET AL. V. FREE SPEECH COALITION

The petition for a writ of certiorari is granted.

99-1786 GREAT-WEST LIFE INS., ET AL. V. KNUDSON, JANETTE, ET VIR

The motion of Central States, Southeast and Southwest

Areas Health and Welfare Fund for leave to file a brief as

amicus curiae is granted. The motion of Self-Insurance

Institute of America, Inc., for leave to file a brief as

amicus curiae is granted. The petition for a writ of

certiorari is granted limited to Question 1 presented

by the petition.

00-507 CHICKASAW NATION V. UNITED STATES

The motion of Shakopee Mdewakanton Sioux (Dakota)

Community, et al., for leave to file a brief as amici

curiae is granted. The petition for a writ of certiorari

is granted.

00-511 ) VERIZON COMMUNICATIONS V. FCC, ET AL. ) 00-555 ) WorldCOM, INC., ET AL. V. VERIZON COMMUNICATIONS ) 00-587 ) FCC, ET AL. V. IOWA UTILITIES BD., ET AL. ) 00-590 ) AT&T CORP. V. IOWA UTILITIES BD., ET AL. ) 00-602 ) GEN. COMMUNICATIONS, INC. V. IOWA UTILITIES BD., ET AL.

The petitions for writs of certiorari are granted

limited to the following questions: 1) Whether the court

of appeals erred in holding that 47 U.S.C. Sec.

252(d)(1) (Telecommunications Act of 1996) forecloses

the cost methodology adopted by the FCC, which is based

on the efficient replacement cost of existing

3

technology, for determining the interconnection rates

that new entrants into local telecommunications markets

must pay incumbent local telephone companies. 2) Whether

the court of appeals erred in holding that neither the

Takings Clause nor the Telecommunications Act of 1996

requires incorporation of an incumbent local exchange

carrier's "historical" costs into the rates that it

may charge new entrants for access to its network

elements. 3) Whether 47 U.S.C. Sec. 251(c)(3) prohibits

regulators from requiring that incumbent local

telephone companies combine certain previously

uncombined network elements when a new entrant requests

the combination and agrees to compensate the incumbent

for performing that task. The cases are consolidated and

a total of one hour is allotted for oral argument. Justice

O'Connor took no part in the consideration or decision of

these petitions.

00-832 ) NATL. CABLE TV ASSN., INC. V. GULF POWER CO., ET AL. ) 00-843 ) FCC, ET AL. V. GULF POWER CO., ET AL.

The motion of AT&T Wireless Services, Inc., et al.,

for leave to file a brief as amici curiae is granted.

The petitions for writs of certiorari are granted

limited to the following questions: 1) Whether those

provisions of the Pole Attachments Act apply to

attachments by cable television systems that are

simultaneously used to provide high-speed Internet

access and conventional cable television programming.

4

2) Whether those provisions of the Pole Attachments

Act apply to attachments by providers of wireless

telecommunications services no less than to attachments

by providers of wireline telecommunications services.

The cases are consolidated and a total of one hour is

allotted for oral argument. Justice O'Connor took no part

in the consideration or decision of this motion and these

petitions.

CERTIORARI DENIED

99-1548 TURAY, RICHARD G. V. WASHINGTON

99-8629 CAMPBELL, ELMER V. WASHINGTON

99-9855 RILEY, STEVEN L. V. UNITED STATES

00-375 GREENVILLE COUNTY V. HARKINS, TERESA, ET AL.

00-619 REGAL CINEMAS, INC. V. MAYFIELD HEIGHTS, OH, ET AL.

00-674 JONES, LINDA V. BAYER CORP.

00-689 BOLTON, MICHAEL, ET AL. V. THREE BOYS MUSIC CORP.

00-705 KANG, MANJIT V. LOUISIANA, ET AL.

00-735 DEXTER, CYNTHIA D. V. PRUDENTIAL INSURANCE CO.

00-813 SELF-REALIZATION FELLOWSHIP V. ANANDA CHURCH, ET AL.

00-816 MONTGOMERY CTY., MD, ET AL. V. WRIGHT, ROBERT E., ET AL.

00-818 CHESTNUT RIDGE VOL. FIRE CO. V. GOLDSTEIN, SCOTT

00-824 PALMER, SYLVESTER V. TRANSIT MGMT. SE LA, ET AL.

00-825 MINDGAMES, INC. V. WESTERN PUBL. CO., INC.

00-827 PAYNE, B. J. vs. HINDS, CLIFFORD M.

00-833 LEHTO, KEITH A. V. TEXAS

00-839 RIVET, MARY A., ET AL. V. REGIONS BANK, ET AL.

5

00-851 MOORE, BRUCE V. CALIFORNIA

00-855 ANSELMO, PHILLIP E. V. COLORADO, ET AL.

00-858 BAREFOOT, LYNDA G. V. THERMO INDUS., INC., ET AL.

00-864 COMMUNICATIONS WORKERS, ETC. V. AMERITECH BENEFIT PLAN

00-870 TITTUS, HANS H. V. NationsBANK OF TEXAS, ET AL.

00-871 CHICAGO HEIGHTS, IL, ET AL. V. HARPER, RON, ET AL.

00-873 LIPKO, ANDREW V. CHRISTIE, MARGARET

00-889 SMITH, CLYDE W. V. WILLIAMS, DONNA L.

00-893 MILTON, QUINTIN L. V. JACKSON PUBLIC SCHOOLS

00-913 KERSEY, GEORGE E. V. CRANE, DANIEL C., ET AL.

00-920 SOLOMON, ALPHONSO, ET UX. V. MILBANK, ROBERT

00-937 DOWNEY, GERALD V. MOORE, SEC., FL DOC

00-990 GREEN, STEPHEN M. V. UNITED STATES

00-5934 JONES, WILLIAM T. V. ILLINOIS

00-6007 STOECKER, WILLIAM J. V. UNITED STATES

00-6119 ROBERTS, RONALD V. UNITED STATES

00-6142 GEORGE, ROBERT L. V. UNITED STATES

00-6303 WRIGHT, GREGORY E. V. TEXAS

00-6673 DUPUY, BUFORD A. V. CAIN, WARDEN

00-6699 WILLIAMS, EDWARD E. V. INDIANA

00-6743 BRADLEY, DANNY J. V. NAGLE, WARDEN, ET AL.

00-7096 JAMES, TERRANCE A. V. GIBSON, WARDEN, ET AL.

00-7106 ARMSTRONG, ANDRE L. V. OKLAHOMA

00-7114 SUBLETT, VERNON V. DORMIRE, SUPT., ET AL.

00-7134 MARTINEZ, JOE V. WILLIAMS, WARDEN, ET AL.

00-7135 KENNEDY, KEVIN V. SENKOWSKI, SUPT., CLINTON

00-7140 KECK, JAMES V. WILLIAMS, WARDEN, ET AL.

6

00-7141 LUCERO, RAYMOND V. WILLIAMS, WARDEN, ET AL.

00-7148 MAULDEN, DAVID D. V. TERHUNE, DIR., CA DOC

00-7149 JONES, JAMES S. V. SMITH, WALTER S., ET AL.

00-7153 JIMERSON, STEVE G. V. KEMNA, SUPT., CROSSROADS

00-7154 WELLS, ROBERT R. V. FLORIDA, ET AL.

00-7157 TWILLIE, THOMAS L. V. BRENNAN, SUPT., ALBION

00-7158 TORRES, LAYBE V. WILLIAMS, WARDEN, ET AL.

00-7168 ANDERSON, OTHA B. V. CHRANS, WARDEN

00-7171 LEWIS, TERRY L. V. MOORE, SEC., FL DOC

00-7178 BAUMER, WILLIAM J. V. CALIFORNIA

00-7183 D'AMBROSIO, JOE V. OHIO

00-7195 RAY, DEXTER J. V. WETHERINGTON, COMM'R, GA DOC

00-7203 RAZOR, KEVIN A. V. CHANDLER, WARDEN

00-7211 ALCALA-SANCHEZ, SERGIO V. UNITED STATES

00-7253 KEEN, GARY V. ENSTAR NATURAL GAS CO.

00-7285 SILKMAN, ELTON H. V. UNITED STATES

00-7288 OLIVER, JOSEPH J. V. KYLER, SUPT., HUNTINGDON

00-7291 LAMBERT, ANTHONY, ET UX. V. WILLIAMS, BRENDA G., ET AL.

00-7296 LEONARD, DULSEENA J. V. GOBER, ACTING SEC. OF VA

00-7301 DENNEY, DALE M. L. vs. KANSAS

00-7305 CANFIELD, RUSSELL B., ET UX. V. AMERICAN EUROCOPTER CORP.

00-7316 SINGH, RAJIV K. V. COUNCIL/BUREAU FOR PRIVATE

00-7327 ROMERO, CRAIG P. V. BATTLES, WARDEN

00-7341 TILLI, DANIEL V. HUD, ET AL.

00-7359 BRAXTON, MICHAEL J. V. NORTH CAROLINA

00-7361 PURDLE, DAVID R. V. GROESCH, WARDEN

00-7377 HAWKS, ANTHONY D. V. UNITED STATES

7

00-7395 FOSTER, CHRISTOPHER V. UNITED STATES

00-7400 CARROZZI, ANTHONY V. UNITED STATES

00-7408 GREEN, TIMOTHY V. GAMMON, SUPT., MOBERLY

00-7417 GASTON, ALTERICK V. POWELL, WARDEN

00-7458 JACKSON, TONY V. UNITED STATES

00-7462 GUERRA, ROLANDO V. UNITED STATES

00-7468 DE LA CRUZ, DIONEL V. LOWER RIO GRANDE VALLEY

00-7497 CARTER, JARROT V. UNITED STATES

00-7499 MITCHELL, WALLACE G. V. UNITED STATES

00-7500 NYHUIS, DOUGLAS V. UNITED STATES

00-7501 RODRIGUEZ, JOSE C. V. UNITED STATES

00-7503 WHITT, JOHN R. V. UNITED STATES

00-7504 WEBB, JUSTIN V. UNITED STATES

00-7506 PETERSON, ALVIN V. UNITED STATES

00-7507 GREEN, THOMAS A. V. UNITED STATES

00-7510 CRANDON, RICHARD C. V. UNITED STATES

00-7512 ZUNIGA, ERWIN A. V. UNITED STATES

00-7515 McCULLOUGH, PERRY A. V. UNITED STATES

00-7516 CONSOLVO, CARL D. V. UNITED STATES

00-7527 QUEENSBOROUGH, KEENE C. V. UNITED STATES

00-7537 SELLERS, PERNELL J. V. UNITED STATES

00-7544 KINDER, DAVID V. PURDY, WARDEN

00-7551 McLAUGHLIN, DIANE L. V. UNITED STATES

00-7557 LORENZO-PEREZ, JORGE V. UNITED STATES

00-7561 WILSON, TROY V. UNITED STATES

00-7565 LaVENTURE, CARL G. V. FLORIDA

00-7571 CARANTO, ARTURO V. UNITED STATES

8

00-7572 ESQUIVEL-MORELOS, JOSE V. UNITED STATES

00-7573 ECHEVARRIA, PEDRO V. UNITED STATES

00-7575 JOHNSON, RAPHAEL N. V. UNITED STATES

00-7576 PIERCE, WILLIAM J. V. UNITED STATES

The petitions for writs of certiorari are denied.

00-606 SUMMIT PROPERTIES, ET AL. V. HOECHST-CELANESE, ET AL.

00-653 ) PUBL. SVC. COMMN. WI, ET AL. V. WISCONSIN BELL, INC., ET AL. ) 00-744 ) IL COMMERCE COMM'N, ET AL. V. MCI TELECOMMUNICATIONS CORP.

00-842 BRADNEY, JACKIE L., ET AL. V. E.I. DUPONT DE NEMOURS

The petitions for writs of certiorari are denied.

Justice O'Connor took no part in the consideration or

decision of these petitions.

00-819 CORP. COUNSEL OF NYC V. ERIK M.

The motion of respondent for leave to proceed in

forma pauperis is granted. The petition for a writ of

certiorari is denied.

00-874 MATTHEWS, MICHAEL S. V. HOWARD CTY., MD, ET AL.

The motion of Center for Equal Opportunity, et al.

for leave to file a brief as amici curiae is granted.

The petition for a writ of certiorari is denied.

00-880 BARNES, VERNICESA F. V. McDONALD'S CORP.

The petition for a writ of certiorari is denied.

Justice Breyer took no part in the consideration or

decision of this petition.

00-7146 LAU, GILBERT V. MEDDAUGH, MARK M., ET AL.

The petition for a writ of certiorari before

judgment is denied.

9

00-7160 ATRAQCHI, MICHAEL R., ET UX. V. WILLIAMS, MAYOR OF DC, ET AL

The motion of petitioners 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

petitioners have repeatedly abused this Court's process,

the Clerk is directed not to accept any further

petitions in noncriminal matters from petitioners 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.

COMMON LAW CERTIORARI DENIED

00-7425 IN RE BRUCE KING

The petition for a common law writ of certiorari

is denied.

HABEAS CORPUS DENIED

00-7629 IN RE JOHN D. WILLIAMS

00-7648 IN RE JOSE ALMONTE-NUNEZ

00-7661 IN RE CRAIG LAWRENCE THOMAS

The petitions for writs of habeas corpus are

denied.

MANDAMUS DENIED

00-7139 IN RE ROBERT L. PEPPER

10

00-7150 IN RE JEAN B. JONES

00-7471 IN RE MARGARET E. BRODERICK

The petitions for writs of mandamus are denied.

00-7137 IN RE SAMMY L. PAGE

The petition for writ of mandamus and/or

prohibition is denied.

REHEARINGS DENIED

00-295 SIDDIQUI, SAADAT A. V. NORTHERN TELECOM, INC.

00-297 LIVINGSTON DOWNS RACING ASSN V. LA STATE RACING COMM.

00-510 SMITH, WILLIAM R. V. OREGON STATE DEPT. OF REV.

00-585 THAT, DINH T. vs. 3D SYSTEMS, INC., ET AL.

00-715 ROBERTSON, KEITH V. COMPTROLLER OF TREAS. OF MD

00-762 METCALF, BRADFORD V. UNITED STATES

00-5313 SIMPSON, FAYE W. vs. FL DOC

00-5938 LIU, LUYA V. NAOMI, YOSHIZAKI, ET AL.

00-6175 CORNELIUS, E. FRANK V. MITCHUM, ROBERT W., ET AL.

00-6241 ARCHER, DONNA M. V. VALLEY HEALTHCARE CORP.

00-6315 WENGER, WALTER S. V. CANASTOTA SCHOOL DIST.

00-6442 HOLMAN, MICHAEL V. KEMNA, SUPT., CROSSROADS

00-6698 VALOIS, ROBERT V. UNITED STATES

The petitions for rehearing are denied.

00-5458 CLARKE, KEITHROY N. V. UNITED STATES

The motion for leave to file a petition for

rehearing is denied.

11

ATTORNEY DISCIPLINE

D-2213 IN THE MATTER OF DISBARMENT OF JAMES R. GAILEY

James R. Gailey, of Miami, Florida, having been

suspended from the practice of law in this Court by

order of November 27, 2000; and a rule having been

issued and served upon him requiring him to show cause

why he should not be disbarred; and the time to file a

response having expired;

It is ordered that James R. Gailey is disbarred

from the practice of law in this Court.

D-2214 IN THE MATTER OF DISBARMENT OF THOMAS R. HENDERSHOT

Thomas R. Hendershot, of Greenbelt, Maryland,

having been suspended from the practice of law in this

Court by order of November 27, 2000; and a rule having

been issued and served upon him requiring him to show

cause why he should not be disbarred; and the time to

file a response having expired;

It is ordered that Thomas R. Hendershot is

disbarred from the practice of law in this Court.

D-2232 IN THE MATTER OF DISBARMENT OF DAVID MICHAEL ADAMS

David Michael Adams, of Charleston, South Carolina,

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-2233 IN THE MATTER OF DISBARMENT OF STEWART IRWIN MANDEL

Stewart Irwin Mandel, of University Heights, Ohio,

12

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-2234 IN THE MATTER OF DISBARMENT OF FRANK EDWARD LITTLE

Frank Edward Little, of Mercer, Pennsylvania, 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.

13