JNL98$IND1-08-26-99 20:58:19 JNLINDPGT MILES OCTOBER TERM 1998 Reference Index Contents: Page Statistics ....................................................................................... II General .......................................................................................... III Appeals ......................................................................................... III Arguments ................................................................................... III Attorneys ...................................................................................... IV Briefs ............................................................................................. IV Certiorari ..................................................................................... IV Costs .............................................................................................. IV Habeas Corpus ............................................................................ V Judgments and Opinions ........................................................... V Original Cases ............................................................................. V Parties ........................................................................................... VI Rules ............................................................................................. VI Stays .............................................................................................. VI Conclusion .................................................................................... VI (I) JNL98$IND2-10-23-99 13:32:27 JNLINDPGT MILES II STATISTICS AS OF JUNE 24, 1999 In Forma Paid Original Pauperis Total Cases Cases Number of cases on docket..................... 7 2387 5689 8083 Cases disposed of...................................... 2 2066 4947 7015 Remaining on docket ............. 5 321 742 1068 Cases docketed during term: Paid cases............................................................................................ 2061 In forma pauperis cases.................................................................. 5047 Original cases ..................................................................................... 1 Total ..................................................................................................... 7109 Cases remaining from last term ............................................................... 974 Total cases on the docket........................................................................... 8083 Cases disposed of......................................................................................... 7015 Number remaining on docket.................................................................... 1068 Petitions for certiorari granted: In paid cases ....................................................................................... 66 In forma pauperis cases.................................................................. 9 Appeals granted: In paid cases............................................................................. 6 Total cases granted plenary review......................................................... 81* Cases argued during term......................................................................... 90 Number disposed of by full opinions ............................................. 84 Number disposed of by per curiam opinions .............................. 4 Number set for reargument next term......................................... 2 Cases available for argument at beginning of term............................. 41 Disposed of summarily after review was granted ................................ 4 Original cases set for argument ............................................................... 0 Cases reviewed and decided without oral argument ........................... 59 Total cases available for argument at start of next term................... 30 Number of written opinions of the Court............................................... 75 Per Curiam opinions in argued cases..................................................... 4 Number of lawyers admitted to practice as of June 24, 1999: On written motion ............................................................................. 2722 On oral motion.................................................................................... 1309 Total ................................................................................................ 4031 *Includes those cases granted after June 26, 1998. Excludes those cases granted after June 24, 1999. JNL98$IND4-10-23-99 13:29:45 JNLINDPGT MILES III GENERAL: Page 1997 Term closed and 1998 Term convened October 5, 1998; adjourned October 4, 1999 ........................................ 1 Blackmun, J. (Retired). Died March 4, 1999, in Arling- ton, Virginia; lay in repose at Court March 8, 1999; burial in Arlington National Cemetery, service at Met- ropolitan Memorial United Methodist Church March 9, 1999; announcement of death.............................................. 599 Breyer, J. Reads dissent from bench (98­149) ..................... 959 House, Toni. Public Information Officer. Announcement of death........................................................................................ 2 Nelsen, Sandra G. Assistant Clerk. First woman to sit at Clerk's Desk in Courtroom. Died May 7, 1999. Powell, J. (Retired). Announcement of death. Resolu- tions of Bar presented, official portrait presented to Court by former law clerks ................................................ 1, 825 Rehnquist, C.J. Presided over impeachment trial of Presi- dent Clinton in Senate Chamber January 7 through February 12, 1999. Souter, J. Reads dissent from bench (98­436)...................... 959 Scalia, J. Reads dissent from bench (97­1121) ..................... 903 Stevens, J. Reads dissent from bench (98­531) ................... 959 White, J. (Retired). Assigned to CA9.................................... 987 APPEALS: Appeal summarily dismissed after lead case decided (98­413)................................................................................... 509 Joint motion to expedite case granted, briefing schedule set and case consolidated for oral argument with an- other census case (98­564) .................................................. 175 ARGUMENTS: Cases restored to calendar for reargument and parties directed to brief additional issues (98­405, 98­406) ...... 963 Further consideration of suggestion of mootness deferred to hearing case on merits (98­822).................................... 964 Twenty minutes of additional time allotted for oral argu- ment; four attorneys argued cases (97­1927, 98­83).. 573, 664 Two hours allotted for oral argument (97­826, 97­829, 97­ 830, 97­831, 97­1075, 97­1087, 97­1099, 97­1141)............ 204 JNL98$IND4-10-23-99 13:29:45 JNLINDPGT MILES IV ATTORNEYS: Motion for appointment of counsel granted (97­1139, 97­ 7164, 97­7541; 97­8629, 98­5864; 98­184; 97­7597; 98­ 6322; 98­1037, 98­7809, 98­8384; 98­1299; 98­1255)..... 6, 226, 262, 283, 690, 792, 906, 989 Motion for appointment of second counsel denied (97­9361) ................................................................................. 261 Resignation from Bar accepted (D­2002; D­1934; D­ 2023; D­2026; D­2018; D­2055).................................... 383, 467, 587, 652, 755, 756 Rule to Show Cause discharged (D­1906) ............................ 587 Suter, William K. Clerk. Moved admissions to Bar............ 255 BRIEFS: Leave to file unredacted appendix under seal granted (98­316)................................................................................... 272 CERTIORARI: Case summarily remanded to CA with order vacating CA judgment (97­1695)............................................................... 961 Certiorari before judgment denied (98­721)........................ 430 Joint motion to defer consideration of petition granted (98­1446) ................................................................................. 883 Leave granted to file petition under seal with redacted petition filed in 30 days (M-3); certiorari denied (98­735) ................................................................................... 5, 328 Motion to dismiss writ as moot denied (98­1161) ............... 964 Order granting certiorari amended (98­830) ....................... 495 Petition prepared pro se granted (98­7809; 98­7540)..... 713, 906 Petitions from two different Court of Appeals granted and consolidated (97­1927, 98­83)...................................... 262 Petition dismissed, petitioner denied (98­7222)................... 550 Stay of execution and petition for certiorari granted (99­5746)................................................................................. 1007 Writ dismissed pursuant to Rule 46 April 20, 1999, one day before argument was to be heard (98­507).............. 449 Writ dismissed under Rule 46 June 24, 1999 (98­958) ....... 746 COSTS: Case summarily remanded to CA. Costs not allowed (97­1988) ................................................................................. 937 JNL98$IND4-10-23-99 13:29:45 JNLINDPGT MILES V HABEAS CORPUS: Solicitor General invited to file brief expressing views of United States; petition denied, three Justices would set case for full briefing (98­5804) ....................................... 347, 895 JUDGMENTS AND OPINIONS: In consolidated cases, one judgment affirmed, second ap- peal dismissed in opinion (Census cases) (98­404, 98­564) .................................................................................... 493 Judgment of CA affirmed by equally divided Court. Opinion per curiam (97­1732) ............................................ 475 Opinion concurring in denial of certiorari (97­1790) .......... 216 Opinion respecting denial of certiorari (98­5021)............... 466 Order granting certiorari vacated and petition dismissed (Petitioner died after case was argued). Opinion per curiam (97­7213)............................................................... 206, 365 Petition granted and CA judgment summarily reversed, restraining order lifted, opinion per curiam to follow (98­1412) ................................................................................. 596 ORIGINAL CASES: 9, Original. Supplemental decree in Texas boundary case entered ................................................... 179 65, Original. Motion of River Master for fees and ex- penses granted............................................... 5, 745 105, Original. Motion of Special Master for compensa- tion and expenses granted .......................... 689 108, Original. Motion of Special Mater for compensation and expenses granted ............................... 179, 963 120, Original. Decree entered; motion of Special Master for compensation and expenses granted 792, 906 126, Original. Solicitor General invited to file brief as amicus curiae; leave granted to file bill of complaint, defendants allowed 60 days to file answer; Nebraska granted leave to file motion to dismiss limited to single question, briefing schedule set........... 5, 451, 938 127, Original. Leave to file bill of complaint denied in opinion per curiam....................................... 597 JNL98$IND4-10-23-99 13:29:45 JNLINDPGT MILES VI PARTIES: Motion for leave to file Rule 29.6 listing under seal granted (98­1242, 98­1243) ................................................. 732 Motion for leave to intervene as appellants granted (98­85)..................................................................................... 207 Motion of United States for leave to intervene granted (98­436)................................................................................... 374 RULES: Federal Rules of Bankruptcy amended................................. 760 Federal Rules of Civil Procedure amended ......................... 760 Federal Rules of Criminal Procedure amended .................. 761 Revised Rules of Supreme Court adopted effective May 3, 1999...................................................................................... 443 STAYS: Application to vacate stay of execution granted (A­285; 98­1368; A­790)................................................................ 177, 570, 665 Stay pending disposition of petition for certiorari granted (98­7140; 98­7001; 98­8384; 98­1932; 99­6035; 99­ 451)....................................................................................... 343, 369, 687, 938, 1011, 1025 CONCLUSION: Call of calendar suspended April 26, 1999; last case of Term argued April 28, 1999 .............................................. 757, 766 Last opinions of Term announced June 23, 1999, remarks by Chief Justice; order list released June 24, 1999; last recess order entered ......................................................... 959, 961, 979 Last Orders of Term released September 28, 1999 ............... 1027 jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES (JOURNAL) MONDAY, OCTOBER 5, 1998 1 SUPREME COURT OF THE UNITED STATES Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "I have the honor to announce, on behalf of the Court, that the Octo- ber 1997 Term of the Supreme Court of the United States is now closed, and the October 1998 Term is now convened. "As we open this morning, I want to pay tribute to our friend and colleague, Lewis F. Powell, a retired Justice of this Court, who died on August 25, 1998, at his home in Richmond, Virginia. "Lewis Powell took the Oath of Office on January 7, 1972, becoming the 99th Justice to serve on this Court. He retired on June 26, 1987. Following his retirement, he sat on the Court of Appeals for the Fourth Circuit, and taught at both Washington and Lee and the University of Virginia. "Justice Powell was born on September 19, 1907, in Suffolk, Virginia. He graduated first in his class at Washington and Lee College in 1929, then completed his law degree in two years and went on to receive his LL.M. from Harvard Law School in 1932. In that year, he began prac- ticing law in his native city of Richmond. In 1941, at the time of the Japanese attack on Pearl Harbor, he was 34 years old. Though his age and family responsibilities would have excluded him from the draft, he volunteered and was commissioned a First Lieutenant in the Air Force, rising in rank to Colonel, and winning the Legion of Merit and Bronze Star medals. He served overseas with distinction as an Intelligence Officer in the Air Force for four years during World War II and its aftermath. "After serving the country during the war, he returned to Richmond and the law firm of Hunton and Williams. Throughout his career in Virginia, he gave generously of his time and energy to the Richmond community and to the Commonwealth. He served as the President of the Virginia State Board of Education as well as Chairman of the Rich- mond Public School Board. He was elected to serve as the President of the American Bar Association and was appointed by President Johnson as a member of the National Commission on Law Enforcement and Administration of Justice. "At the age of 64, already occupying a secure place among the legal leaders of the United States, his country called again and he accepted jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES 2 MONDAY, OCTOBER 5, 1998 an appointment to this Court as his patriotic duty. We who served with him during his fifteen years on this Court cherished his intellect, gentlemanly charm, and consummate judicial temperament. We con- tinue to miss him. At an appropriate time in the spring, the traditional memorial observance of the Court and the Bar of the Court will be held in this Courtroom. "We have also suffered another loss within the past week. We note with sadness today that the Supreme Court's Public Information Offi- cer, Toni House, died on September 29, 1998. She served the Court well for sixteen years. We will miss her, and extend our condolences to her family. "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally." Certiorari-Summary Disposition No. 97­1623. United States, Petitioner v. Leon Clifford Foster. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari granted. Judg- ment vacated, and case remanded to the United States Court of Ap- peals for the Ninth Circuit for further consideration in light of Muscar- ello v. United States, 524 U. S. ­­­ (1998). No. 97­1656. Linda Sloan, Petitioner v. John Sharp, Comptroller of Public Accounts of Texas, et al. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fifth Circuit for further consid- eration in light of Faragher v. City of Boca Raton, 524 U. S. ­­­ (1998), and Burlington Industries, Inc. v. Ellerth, 524 U. S. ­­­ (1998). No. 97­1751. Marie Pfau, Petitioner v. William Reed, Director, De- fense Contract Audit Agency. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fifth Circuit for further consid- eration in light of Faragher v. City of Boca Raton, 524 U. S. ­­­ (1998), and Burlington Industries, Inc. v. Ellerth, 524 U. S. ­­­ (1998). No. 97­1969. Susan Wilson, Petitioner v. City of Plano. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fifth jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 3 Circuit for further consideration in light of Faragher v. City of Boca Raton, 524 U. S. ­­­ (1998), and Burlington Industries, Inc. v. Ellerth, 524 U. S. ­­­ (1998). No. 97­2018. Kiowa Tribe of Oklahoma, Petitioner v. Robert M. Hoo- ver, Jr. On petition for writ of certiorari to the Supreme Court of Okla- homa. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the Supreme Court of Oklahoma for further consider- ation in light of Kiowa Tribe of Oklahoma v. Manufacturing Technolo- gies, Inc., 523 U. S. ­­­ (1998). No. 97­8284. James Lee Schweninger, Petitioner v. Minnesota. On petition for writ of certiorari to the Court of Appeals of Minnesota. Motion of petitioner for leave to proceed in forma pauperis and peti- tion for writ of certiorari granted. Judgment vacated, and case re- manded to the Court of Appeals of Minnesota for further consideration in light of Kansas v. Hendricks, 346 U. S. ­­­ (1997). No. 97­8592. Ricky A. Pierce, Petitioner v. Tommy W. King, Assist- ant Superintendent, Tillery Correctional Center, et al. On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of Pennsylvania Department of Cor- rections v. Yeskey, 524 U. S. ­­­ (1998). No. 97­8906. Carol Floyd and Carla Floyd, Petitioners v. Iris Wait- ers, et al. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Motion of petitioners for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Gebser v. Lago Vista Independent School District, 524 U. S. ­­­ (1998). No. 98­155. Lori A. Todd, Petitioner v. Ortho Biotech, Inc. On peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Faragher v. City of Boca Raton, 524 U. S. ­­­ (1998), and Burlington Industries, Inc. v. Ellerth, 524 U. S. ­­­ (1998). Orders in Pending Cases No. M­71 (OT 97). In Re John Doe, Petitioner. Motion to unseal peti- tion for writ of certiorari lodged under seal denied. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES 4 MONDAY, OCTOBER 5, 1998 No. M­86 (OT 97). Lucy Carlier, Petitioner v. Michael D. Ray, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­1. Kinsey L. Jackson, Petitioner v. Golden State Foods Corpo- ration. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­2. Franklin Reaves, Petitioner v. Marion County, South Caro- lina, et al. Motion to direct the Clerk to file a petition for writ of certio- rari out-of-time denied. No. M­4. Phonometrics, Inc., Petitioner v. Siemens Information Sys- tems. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­5. Shipping Financial Services, Petitioner William Drakos, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­7. Gary L. Wiedemer, Petitioner v. Richard Marr, Superin- tendent, Arkansas Valley Correctional Facility, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­10. Aaron Ardoin, Petitioner v. Frank Savoy, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time is denied. No. M­11. Arthur J. Golis, Petitioner v. Commissioner of Social Secu- rity. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­12. Leonard T. Evans, Petitioner v. Baytown Police Depart- ment, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­13. Dan C. Fore, Petitioner v. Denny's Inc., et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­14. Nancy Schlesinger, Petitioner v. Jerome Schlesinger. Mo- tion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. M­15. Village of Airmont, New York, et al., Petitioners v. Yitz- chok LeBlanc-Sternberg, et al. Motion to direct the Clerk to file a peti- tion for writ of certiorari out-of-time denied. No. M­16. Mohammed I, Karimi, Petitioner v. United States. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 5 No. M­17. Jon A. Baran, Petitioner v. Federal National Mortgage Association. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­3. "William Loe", Petitioner v. United States. Motion for leave to file a petition for writ of certiorari under seal denied without preju- dice to filing a redacted petition for writ of certiorari within 30 days. No. M­8. Darryl Byrd, Petitioner v. Shad Connelly, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time under Rule 14.5 denied. No. M­9. Harsha Sankar, Petitioner v. Randolph Ellis, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time under Rule 14.5 denied. No. 65, Original. Texas, Plaintiff v. New Mexico. Motion of the River Master for fees and reimbursement of expenses granted, and the River Master awarded a total of $4,054.58 for period April 1-June 30, 1998, to be paid equally by the parties. No. 126, Original. Kansas, Plaintiff v. Nebraska. The Solicitor Gen- eral is invited to file a brief in this case expressing the views of the United States. No. 97­1943. Karen Sutton and Kimberly Hinton, Petitioners v. United Air Lines, Inc. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 97­1992. Vaughn L. Murphy, Petitioner v. United Parcel Service, Inc. The Solicitor General is invited to file a brief in this case express- ing the views of the United States. No. 98­127. Alex Campos, et al., Petitioners v. Ticketmaster Corpo- ration. The Solicitor General is invited to file a brief in this case ex- pressing the views of the United States. No. 98­5070. Thomas Slekis, Petitioner v. Joyce A. Thomas, Commis- sioner, Connecticut Department of Social Services. The Solicitor Gen- eral is invited to file a brief in this case expressing the views of the United States. No. 96­1793. Cedar Rapids Community School District, Petitioner v. Garret F., a Minor By His Mother and Next Friend, Charlene F. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 97­1287. Hughes Aircraft Company, et al., Petitioners v. Stanley I. Jacobson, et al. Motion of the Solicitor General for leave to partici- pate in oral argument as amicus curiae and for divided argument granted. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES 6 MONDAY, OCTOBER 5, 1998 No. 97­1536. Arizona Department of Revenue, Petitioner v. Blaze Construction Company, Inc. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argu- ment granted. No. 97­1709. Kumho Tire Company, Ltd., et al., Petitioners v. Pat- rick Carmichael, etc., et al. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argu- ment granted. No. 97­1139. United States, Petitioner v. Jacinto Rodriguez-Moreno. Motion for appointment of counsel granted, and it is ordered that John P. McDonald, Esquire, of Somerville, New Jersey, is appointed to serve as counsel for respondent in this case. No. 97­1472. Michael A. Haddle, Petitioner v. Jeanette G. Garrison, et al. Motion of National Whistle-Blower Center for leave to file a brief as amicus curiae granted. No. 97­7164. Francois Holloway, aka Abdu Ali, Petitioner v. United States. Motion for appointment of counsel granted, and it is ordered that Kevin J. Keating, Esquire, of Garden City, New York, is appointed to serve as counsel for petitioner in this case. No. 97­7541. Amanda Mitchell, Petitioner v. United States. Motion for appointment of counsel granted, and it is ordered that Steven A. Morley, Esquire, of Philadelphia, Pennsylvania, is appointed to serve as counsel for petitioner in this case. No. 97­8978. Katherine L. Russell, Petitioner v. VBR. Motion of petitioner Katherine L. Russell for reconsideration of order denying leave to proceed in forma pauperis denied. No. 98­413. Legislature of California, et al., Appellants v. United States House of Representatives, et al. Motion of appellants to expedite consideration of the jurisdictional statement and to consolidate argu- ment with No. 98-404, Department of Commerce v. U. S. House of Representatives, denied. No. 98­5350. Voyd B. Burger, Petitioner v. Masters, Mates & Pilots Union, et al. Motion of petitioner for leave to proceed in forma pau- peris denied. Petitioner allowed until October 26, 1998, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. No. 98­5707. In Re Michael Kennedy, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until October 26, 1998, within which to pay the dock- jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 7 eting fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. Certiorari Granted No. 97­1754. Immigration and Naturalization Service, Petitioner v. Juan Anibal Aguirre-Aguirre. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 97­1008. Carolyn C. Cleveland, Petitioner v. Policy Management Systems Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted limited to the following questions: 1. Whether the application for, or receipt of, dis- ability insurance benefits under the Social Security Act, 42 U. S. C. § 423, creates a rebuttable presumption that the applicant or recipient is judicially estopped from asserting that she is a "qualified individual with a disability" under the Americans with Disabilities Act of 1990, 42 U. S. C. § 12101 et seq. 2. If it does not create such a presumption, what weight, if any, should be given to the application for, or receipt of, disability insurance benefits when a person asserts she is a "qualified individual with a disability" under the ADA? No. 97­1802. David Conn and Carol Najera, Petitioners v. Paul L. Gabbert. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to the following ques- tions: 1. Does a prosecutor violate an attorney's rights under the Four- teenth Amendment by causing the attorney to be searched at the time his client is testifying before a grand jury? 2. If the answer to the first question is "yes," was such a right on the part of the attorney clearly established in March 1994? No. 97­8629. Eddie Richardson, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted limited to the following question: "Whether the district court committed reversible error in failing to instruct the jury that it must agree unanimously on which particular drug viola- tions constituted the `series of violations' required for conviction for conducting a continuing criminal enterprise in violation of 21 U. S. C. § 848." No. 97­9361. Louis Jones, Petitioner v. United States. Motion of peti- tioner for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted limited to the following questions: 1. Whether peti- jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES 8 MONDAY, OCTOBER 5, 1998 tioner was entitled to a jury instruction that the jury's failure to agree on a sentencing recommendation automatically would result in a court- imposed sentence of life imprisonment without possibility of release. 2. Whether there is a reasonable likelihood that the jury instructions led the jury to believe that deadlock on the penalty recommendation would automatically result in a court-imposed sentence less severe than life imprisonment. 3. Whether the court of appeals correctly held that the submission of invalid non-statutory aggravating factors was harmless beyond a reasonable doubt. No. 98­5864. Tommy David Strickler, Petitioner v. Fred W. Greene, Warden. Motion of petitioner for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted limited to the following ques- tions: 1. Whether the State violated Brady v. Maryland, 373 U. S. 83 (1963), and its progeny. 2. If so, whether the State's non-disclosure of exculpatory evidence and the State's representation that its open file contained all Brady material establishes the requisite "cause" for fail- ing to raise a Brady claim in state proceedings. 3. Whether petitioner was prejudiced by non-disclosure. Certiorari Denied No. 97­1061. Ricky Eugene Morrow, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 97­1254. Practice Management Information Corporation, Peti- tioner v. American Medical Association. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1549. Walter Frost, Petitioner v. United States; No. 97­8295. Robert Eugene Turner, Petitioner v. United States; No. 97­8305. Peggy Young Potter, Petitioner v. United States; No. 97­8328. Richard Thomas Congo, Petitioner v. United States; andNo. 97­8374. Dennis Allen Faulkner, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­1575. Perry Von Murdock, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­1638. David Rendel, et ux., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 9 No. 97­1652. Northwestern Indiana Telephone Company, et al., Peti- tioners v. Commissioner of Internal Revenue. Petition for writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­1668. Nick J. Mileti, Petitioner v. Marcia N. Cole, Representa- tive of the Estate of Joseph E. Cole, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­1679. UNUM Corporation and UNUM Life Insurance Com- pany of America, Petitioners v. United States. Petition for writ of cer- tiorari to the United States Court of Appeals for the First Circuit denied. No. 97­1685. Lane S. Howell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­1690. Anthony J. LoBue and Thomas Kulekowskis, Petition- ers v. Joseph G. DiLeonardi, United States Marshal for the Northern District of Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­1702. Rigoberto Sanchez-Velasco, Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. No. 97­1717. Thomas E. Bennett, et ux., et al., Petitioners v. Com- missioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­1721. Erie Adams, Petitoner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­1733. William Spears, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­1734. Stichting Pensioenfonds Voor de Gezondheid, Geeste- lijke en Maatschappelijke Belangen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97­1739. Richardo Rodriguez, et al., Petitioners v. Dramese Fair, a Minor, By and Through His Mother and Next Friend, Sandra Foy. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­1740. Wendy Lee Wilson and Stevie Burns, Petitioners v. Leon "Buddy" Nutt, Sheriff of Wayne County. Petition for writ of cer- jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES 10 MONDAY, OCTOBER 5, 1998 tiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­1744. Julia A. Christians, etc., Petitioner v. Crystal Evangeli- cal Free Church, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­1748. Alfred Raso, et al., Petitioners v. Marisa Lago, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97­1759. Research Triangle Institute, Petitioner v. Board of Governors of the Federal Reserve System, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied. No. 97­1768. Merrill Lynch, Pierce, Fenner & Smith, Inc., et al., Petitioners v. Jeffrey Phillip Kravitz, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Third Circuit denied. No. 97­1774. Minh Dat Dinh Do, Petitioner v. Colorado. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 97­1783. Barry Schimmel, Flip Becker, Terry Fitzgerald, Jerry Giustiniani, and Sheila McCann, Petitioners v. International Associa- tion of Machinists and Aerospace Workers, AFL-CIO, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­1786. Delroy Blaske, Petitioner v. UNUM Life Insurance Company of America. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­1792. Lyle David Pierce, III, aka Sealed Deft. 2, aka Joe Martin, aka Joe Boy, Petitioner v. United States; and No. 97­8964. Regina Pierce, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­1796. Richard Epstein, Petitioner v. Southern California Per- manente Medical Group, dba Kaiser Permanente Medical Group, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1807. CLEAN, etc., et al., Petitioners v. City of Spokane, et al. Petition for writ of certiorari to the Supreme Court of Washington denied. No. 97­1808. Michael Bellesfield, Petitioner v. Peter Verniero, Attor- ney General of New Jersey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 11 No. 97­1812. Myron N. Terlecky, Trustee, Petitioner v. Dwight I. Hurd, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­1816. James H. Neal, Petitioner v. District of Columbia and John Lattimore. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97­1817. Smiland Paint Company, et al., Petitioners v. Environ- mental Protection Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1818. Gloria Gisch, Petitioner v. Extendacare Health Sys- tems, Inc., and T2 Medical, Inc. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied. No. 97­1820. Altipenta, Inc., etc., Petitioner v. Security Insurance Company of Hartford. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97­1824. Anthony J. Crippen, Petitioner v. Robert Kuhlmann, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­1828. Omega Environmental, Inc., et al., Petitioners v. Gilb- arco, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1829. Deborah West, In Her Individual Capacity and Official Capacity as an Agent of the State of North Carolina, et al., Petitioners v. David L. Lynn, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­1830. Metropolitan Government of Nashville, et al., Petition- ers v. Michael Doe, By and Through His Parents and Next Friends, Dr. and Mrs. Doe. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­1832. Alan Strang, et al., Petitioners v. National Labor Rela- tions Board. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­1835. Margaret Boring, Petitioner v. Buncombe County Board of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­1836. Friedrich Lu, Petitioner v. Paul Ravida, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES 12 MONDAY, OCTOBER 5, 1998 No. 97­1837. Chaparral Steel Company, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth Dis- trict, denied. No. 97­1838. Northeast Cellular Telephone Company, Petitioner v. Federal Communications Commission, et al. Petition for writ of certio- rari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97­1839. Santee Sioux Tribe of Nebraska, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­1840. National Association for the Advancement of Colored People, Los Angeles Branch, et al., Petitioners v. Bill Jones, California Secretary of State, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1844. Carl Bernofsky, Petitioner v. Tulane University School of Medicine, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­1846. Anti-Monopoly, Inc., Petitioner v. Hasbro, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­1847. Leo Maestas, Petitioner v. Board of Supervisors of Navajo County, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 97­1848. Dan Rodney Joos, Petitioner v. Piper C. Joos. Petition for writ of certiorari to the Court of Appeals of Utah denied. No. 97­1850. David Dees, dba David Dees Illustration, Petitioner v. Saban Entertainment, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1851. Ben Gyadu, Petitioner v. Workers' Compensation Com- mission of Connecticut, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­1853. Ohio, Petitioner v. Lamont L. Holt. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied. No. 97­1855. Claude V. Routh, Petitioner v. Wyoming Workers' Com- pensation Division. Petition for writ of certiorari to the Supreme Court of Wyoming denied. No. 97­1856. Eugenie Parnar, Petitioner v. Law Offices of John A. Chanin. Petition for writ of certiorari to the Supreme Court of Hawaii denied. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 13 No. 97­1857. Bonnie Velasco, et al., Petitioners v. William F. Fairall. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­1859. Robert T. Hulmes, Petitioner v. Honda Motor Company, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97­1862. Lionel Dela Rosa, Petitioner v. Scottsdale Memorial Health Systems, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1863. Wilma Bearden, Petitioner v. Quorum Health Group, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­1864. Louis Cantor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­1865. Terrie Snyder, Petitioner v. Samuel J. Ringgold. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­1866. Interstate Independent Corporation, Petitioner v. Board of Zoning Appeals for Fayette County and the Village of Octa. Petition for writ of certiorari to the Court of Appeals of Ohio, Fayette County, denied. No. 97­1869. Dole Ocean Liner Express, Petitioner v. Georgia Vege- table Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­1870. Estate of William C. Mauro, By and Through Its Inde- pendent Personal Representative, Sandra Mauro, Petitioner v. Borgess Medical Center. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­1873. Charles G. Stumpf, Jr., Petitioner v. Greater New Or- leans Expressway Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­1874. Holt Cargo Systems, Inc., Petitioner v. Bernard Keifer, Sr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97­1875. A. J. Wren and Jerry Wren, Petitioners v. Jim Towe and Jay Norris. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES 14 MONDAY, OCTOBER 5, 1998 No. 97­1876. El Vocero de Puerto Rico (Caribbean International News Corp.) and Victor Gonzalez, Petitioners v. Puerto Rico and Carlos Negron-Rosario. Petition for writ of certiorari to the Court of Appeals of Puerto Rico denied. No. 97­1878. Vicari Contractors, Inc., Petitioner v. Parish of Jeffer- son. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Circuit, denied. No. 97­1879. MAC Panel Company, Petitioner v. Virginia Panel Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97­1880. St. Matthew's Slovak Roman Catholic Congregation of St. Mathias Church, et al., Petitioners v. Donald W. Wuerl, Bishop, Roman Catholic Diocese of Pittsburgh. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied. No. 97­1881. Andrew Lloyd Webber, et al., Petitioners v. Ray Repp, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 97­1882. Feliciano Lejano, et ux., Petitioners v. K. S. Bandak Assuranceforeningen Gard, et al. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 97­1883. Charles X. Daniels and Jino S. St. Lot, Petitioners v. Six L's Packing Company, Inc., and Lawrence Lipman. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­1886. Jean A. M. Meade, Petitioner v. USAA Life Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­1888. Dikar, S. Coop. LTDA, Petitioner v. United States Dis- trict Court for the Eastern District of Kentucky, (Matthew Haymaker, Real Party in Interest). Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­1889. Byung Wha An and Young-Kae An, Petitioners v. Doo- Hwan Chun, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1890. Sandra K. Kerby, Petitioner v. Southeastern Public Service Authority of Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­1891. Jamie Babicz, et al., Petitioners v. School Board of Bro- ward County, Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 15 No. 97­1893. Student Loan Fund of Idaho, Inc., Petitioner v. Jeffrey Duerner. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 97­1896. Steve Seale, Petitioner v. Jasper Hospital District. Pe- tition for writ of certiorari to the Court of Appeals of Texas, Ninth District, denied. No. 97­1897. Vista Paint Corporation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1898. David L. Williams, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Harris- burg Office, denied. No. 97­1899. NationsBank of Georgia, N. A., and Sovran Capital Management Corporation, Petitioners v. Alexis Herman, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­1900. Adele Buzzetti, dba Cozy Cabin, and Vanessa Doe, Peti- tioners v. City of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­1902. Anthony M. DeMaria, et ux., et al., Petitioners v. Wash- ington County, Idaho, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1904. John Hubert Moll, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 97­1905. City of Roseburg, Petitioner v. Marlyn L. Rohde. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1906. Melonie Wade, Petitioner v. Victoria College. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­1910. Marilyn Ziemke, et al., Petitioners v. Shalom Almog, et ux., et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97­1911. Michael R. Weaver, et al., Petitioners v. Prudential In- surance Company of America. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES 16 MONDAY, OCTOBER 5, 1998 No. 97­1912. Charlena Wirtz, Executrix of the Estate of Lena Wat- son Whitley, et al, Petitioners v. Dennis R. Switzer. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 97­1915. Delores Frahm, et al., Petitioners v. Equitable Life Assurance Society of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­1916. John E. Harper, Petitioner v. Union Pacific Railroad Company, et al. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 97­1917. Bruce Buchbinder, et ux., Petitioners v. Franchise Tax Board of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1918. Howard A. Fromson, Petitioner v. Anitec Printing Plates, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97­1919. Bryan L. Beckham, et al., Petitioners v. Union Pacific Railroad Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­1920. Teresa Killian, Petitioner v. Provident Life and Acci- dent Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­1921. Jose A. Cuevas-Segarra, et al., Petitioners v. Maria Luisa Contreras. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97­1922. Port Authority Trans-Hudson Corporation, Petitioner v. Federal Railroad Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97­1923. Vicki Meisner, Individually and as Personal Repre- sentative of the Estate of Howard Gene Weatherly, Deceased, Peti- tioner v. Potlatch Corporation and Robert House. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 97­1925. Roy F. Sutton, Petitioner v. George L. Seltzer, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97­1926. Roy F. Sutton, Petitioner v. Estate of Roy C. Sutton, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 17 No. 97­1928. Verna Emery, etc., Petitioner v. American General Fi- nance, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­1930. Cessna Aircraft Company, Petitioner v. John H. Dalton, Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97­1931. Jake Vanner, Petitioner v. Our Lady of the Lake Hospi- tal, et al. Petition for writ of certiorari to the Court of Appeal of Louisi- ana, First Circuit, denied. No. 97­1934. Robert H. Brient, Jr., Petitioner v. Petro PSC, LP. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­1935. Cal-Almond, Inc., et al., Petitioners v. Department of Agriculture. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1936. Gary L. Benefiel, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 97­1937. City of Atlantic City, Petitioner v. Milton Pevner. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97­1938. Greg D. Biagi, et ux., Petitioners v. United States For- est Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1939. Richard L. Taylor, Petitioner v. Raymond E. Ham, Indi- vidually and in His Official Capacity as Chief of Police, Ponca City Police Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­1941. Stafford J. Coolbaugh, Petitioner v. Louisiana. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­1944. Jerron West, Inc., et al., Petitioners v. California State Board of Equalization, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1945. Sandra Lea Benedict, Petitioner v. Eau Claire Public Schools, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­1946. Charles R. Kidd, Petitioner v. Mae Bell Kidd. Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES 18 MONDAY, OCTOBER 5, 1998 No. 97­1948. Glinda Hoskins, Petitioner v. Washington County. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­1950. Jim Pope, Sheriff, Shasta County, et al., Petitioners v. Rolland Richard Henry, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1951. Rodney C. Grogan, et ux., Petitioners v. Thomas J. Mar- oney, United States Attorney for the Northern District of New York, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 97­1953. Dean E. Jordan, Petitioner v. Don A. Fendon. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 97­1954. Stephen Johnson, Petitioner v. Togo West, Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1955. Melvin Grigley, Petitioner v. City of Atlanta, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­1956. Don King Productions, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­1957. K & K Construction, Inc., et al., Petitioners v. Michigan Department of Natural Resources and Michigan. Petition for writ of certiorari to the Supreme Court of Michigan denied. No. 97­1959. Dow Jones & Company, Inc., et al., Petitioners v. Wil- liam Jefferson Clinton, President of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97­1960. Lafayette Federal Credit Union, et al., Petitioners v. National Credit Union Administration, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­1961. Peter Castellano, et al., Petitioners v. City of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­1962. Southlake Property Associates, Ltd., Petitioner v. City of Morrow. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 19 No. 97­1963. James E. Conerly, Petitioner v. William J. Henderson, Postmaster General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1964. Virginia S. Conrad, Legal Representative of Rick S. Conrad, Deceased, Petitioner v. Secretary of Health and Human Serv- ices. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 97­1965. Jose Olmos-Flores, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1966. David Baxter and City of Murfreesboro, Petitioners v. John W. Reed and Henry Sharber. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­1967. Paul Thomas Bratton, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied. No. 97­1968. Richard C. Baldwin, Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied. No. 97­1970. Vernon Mills, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­1971. Biltmore Forest Radio, Inc., Petitioner v. Federal Com- munications Commission, et al.; Biltmore Forest Radio, Inc., Petitioner v. Federal Communications Commission, et al.; and Willsyr Communi- cations, Petitioner v. Federal Communications Commission, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97­1972. Kevin W. Landberg, et al., Petitioners v. William E. Duffy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­1973. Cheryl D. Christopher, Petitioner v. Adam's Mark Ho- tels, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­1974. Gwendolyn Wright, Petitioner v. Paul Frederiksen. Pe- tition for writ of certiorari to the Court of Appeals of Colorado denied. No. 97­1975. Gary Monte Spring, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 3, denied. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES 20 MONDAY, OCTOBER 5, 1998 No. 97­1976. Benjamin G. Sprecher, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­1977. YWCA of Oklahoma City, et al., Petitioners v. Self In- surers' Management Group; and Colbert Nursing Home, Inc., dba Southern Pointe Living Center, et al., Petitioners v. Oklahoma Employ- ers Safety Group, S. I. A. Petition for writ of certiorari to the Supreme Court of Oklahoma denied. No. 97­1978. Falcon Drilling Company, Inc., et al., Petitioners v. Pat- rick Viator. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied. No. 97­1979. Robert Abrams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­1980. Ronald Williams, Petitioner v. City of Los Angeles. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1981. West Virginia Board of Public Works, et al., Petitioners v. CSX Transportation, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­1982. In Re Peter Francis Geraci, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­1983. James T. Walker, Petitioner v. Institute for Economet- ric Research. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­1986. Russell Weinstein, Petitioner v. Fidelity Brokerage Services, Inc. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97­1987. Marilyn L. Hudson, Petitioner v. Janet Reno, Attorney General. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­1989. Andrzej Kuhl, et al., Petitioners v. Board of Adjust- ment of the Township of Montclair, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97­1990. Larry Belin, Petitioner v. Equal Employment Opportu- nity Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. jnl98$1005-11-25-98 08:54:59 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 21 No. 97­1995. Kelsey A. Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 97­1996. Albert Campbell, et al., Petitioners v. California. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­1997. Bank of America National Trust and Savings Associa- tion, Petitioner v. Virginia M. Marques. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 97­1998. Elisabeta Gosu, Petitioner v. Immigration and Natural- ization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­2001. Blanche Randolph, as Conservator of Deborah Ran- dolph, Petitioner v. Al Cervantes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­2002. Robert F. Coleman, et al., Petitioners v. Santa Clara County Open Space Authority. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 97­2003. Spyridon Armenis, Petitioner v. Cesar V. Aguirre, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­2004. National Collegiate Athletic Association, Petitioner v. Norman Law, et al.; and National Collegiate Athletic Association, Peti- tioner v. Norman Law, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­2005. Phonometrics, Inc., Petitioner v. Tadiran Electronic In- dustries, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97­2006. Curtis Ray Ward, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 97­2007. MSW Investments, Petitioner v. Chevron U. S. A., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­2008. Wen-Chouh Lin, Petitioner v. Anita C. S. Lin. Petition for writ of certiorari to the Court of Appeals of North Carolina denied. No. 97­2009. Barbara Monsky, Petitioner v. Howard J. Moraghan, Connecticut Superior Court Judge. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES 22 MONDAY, OCTOBER 5, 1998 No. 97­2010. Dorothea A. Arcuri, et al., Petitioners v. Local 54 of the Hotel Employees and Restaurant Employees International Union, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97­2011. In Re Robert C. Hilliard, Petitioner. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 97­2012. Doug Rankin, et ux., Petitioners v. Mark Evans, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­2013. Ray Watson, Petitioner v. William Szczepaniak, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­2014. Eric Warner, a Minor, By and Through Linda Warner, His Mother, Petitioner v. St. Paul Independent School District No. 625. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­2015. Michael I. Monus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­2016. Ariadne Financial Services Pty. Ltd., and Memvale Pty. Ltd., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97­2017. Hooters of America, Inc., Petitioner v. Carolina Wings, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 97­2019. Don Horsley, Sheriff, San Mateo County, Petitioner v. Jose Napolean Santamaria; and No. 97­9296. Jose Napolean Santamaria, Petitioner v. Don Horsley, Sheriff, San Mateo County, California. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­2020. Metropolitan Transportation Authority, Petitioner v. New York Magazine. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­2021. William P. Todd, et ux., On Their Own Behalf and as Next Friends for their Son, William Matthew Todd, et al., Petitioners v. Rush County Schools, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­2022. Eugene L. Putnam, Petitioner v. Richard Proulx, et al. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 23 No. 97­2023. Rudy Neira, Petitioner v. Bandera County Fresh Water Supply District No. 1. Petition for writ of certiorari to the Court of Appeals of Texas, Fourth District, denied. No. 97­2025. Charles M. Vorhees, as Executor of the Last Will and Testament of Helen V. Brach, a Person Presumed Dead, Petitioner v. Kirk Brown, Secretary, Illinois Department of Transportation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­2026. Arizona, Petitioner v. William Lee Branham. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 97­2027. Harlan L. Jacobsen, Petitioner v. South Dakota. Peti- tion for writ of certiorari to the Supreme Court of South Dakota denied. No. 97­2028. Travelers Indemnity Company of Illinois, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­2030. School District of Philadelphia, Petitioner v. Delores Scott Sullivan, et al.; and No. 98­161. Johnny Butler, Secretary, Pennsylvania Department of Labor and Industry, et al., Petitioners v. Delores Scott Sullivan, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97­2031. TDK Corporation, Petitioner v. Warren/Sherer Re- frigeration Company, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied. No. 97­2033. Christina M. Grimes, Petitioner v. William E. McA- nulty, Judge, Jefferson Circuit Court of Kentucky (Kentucky, Real Party in Interest). Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 97­2034. Berman J. Watts, Petitioner v. Louis Caldera, Secre- tary of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­2035. Carolyn Properties I, et al., Petitioners v. Mitsui Trust & Banking Co., Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­2036. Peter C. Andresen, Petitioner v. Minkoff Company, Inc. Petition for writ of certiorari to the Court of Appeals of Maryland denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES 24 MONDAY, OCTOBER 5, 1998 No. 97­2037. Gary Hoefler, et al., Petitioners v. Bruce Babbitt, Secre- tary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­2039. Alan W. Havighurst, et al., Petitioners v. First National Bank of Southwestern Ohio, Executor of the Estate of Walter E. Havi- ghurst, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Butler County, denied. No. 97­2040. Grinnell Corporation, Petitioner v. Road Sprinkler Fit- ters Local Union No. 669, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­2041. Miguel A. Ascarrunz, Petitioner v. Bechtel Power Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­2042. William Nickalous Walker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­2043. Donald Edgar Johnson, Petitioner v. Richard Gordon Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­2046. Supervalu Inc., and Moran Foods, Inc., dba Save-A-Lot, Ltd., Petitioners v. Discount Foods, Inc. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 97­2047. David Selinger, Petitioner v. Schlage Lock Company, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 97­2049. Condor Insurance Company, Petitioner v. Lisa Chris- tine Eriksen. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 97­2051. Denise Graff, Petitioner v. V & M Erectors, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­2052. Petroleum Helicopters, Inc., Petitioner v. Mitchell Buras. Petition for writ of certiorari to the Court of Appeal of Louisi- ana, Fourth Circuit, denied. No. 97­2053. Edward M. Wolkowitz, Trustee, and David R. Weinstein, Petitioners v. Shearson Lehman Brothers, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 25 No. 97­2054. Palm Beach Soil and Water Conservation District, Peti- tioner v. Mark Bledsoe. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­2055. James Hunt Barker, Petitioner v. Bank One, Lexington, N. A., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­2056. Melanie Satterfield, Petitioner v. Wal-Mart Stores, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­2058. Congress of California Seniors, et al., Petitioners v. Charles Quackenbush, etc., et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 97­2059. National Association for the Advancement Of Colored People, Minneapolis Branch, et al., Petitioners v. Metropolitan Council. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­2060. Eugene H. Gaddis, Petitioner v. Sharon H. Gaddis. Peti- tion for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 97­2061. Richardson C. Bell, Trustee for Bell Land Trust, Peti- tioner v. City of Virginia Beach. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 97­2062. Impressa Perosa, S. R. L., Petitioner v. Tommaso Buti and Fashion World Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­2064. Textile Productions, Inc., Petitioner v. Mead Corpora- tion and Fiber Trim Sewing Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97­2065. Matthew R. Carroll, Petitioner v. Kermit Black, Charles W. Graham, William L. Perry, E. Dean Gage, and Walter Wen- dler. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth District, denied. No. 97­2066. Manoutchehr Yadegar, Petitioner v. Maria Saperstein Yadegar, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­2067. Ernest A. Oliver, Petitioner v. Hydro-Vac Services, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES 26 MONDAY, OCTOBER 5, 1998 No. 97­2068. Therm-O-Disc, Inc., Petitioner v. Maryland Casualty Company, as Subrogee of Eileen K. Gitelson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­2069. Edward S. Nielsen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­2070. Tada Skara, Petitioner v. Akop Mestchyan, et ux. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 97­2071. Kevin Miller, et al., Petitioners v. Charles W. Flume, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 97­2072. Turbomeca, S. A., et al., Petitioners v. Kyong Ju Bar- nett, Individually and as Guardian Ad Litem and Next Friend of Jessie Morgan Barnett, et al. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied. No. 97­2073. Darnella Barjon and Lee Duran, Petitioner v. John H. Dalton, Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­2074. Stephen Demarest, et ux., Petitioners v. Rainier Title Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­2075. Randolph E. Green, et ux., and Craig A. Green, Peti- tioners v. City of Boston, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97­2076. Eric Wynn, Petitioner v. United States; and No. 98­5654. Brad Haddy, aka Bradley J. Haddy, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97­2077. Ellen R. Hibble, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­2078. Ray Watson, Petitioner v. University Medical Center, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 97­2080. J & E Salvage Company, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 27 No. 97­2082. Paul Thrash, Petitioner, Individually and as Pierce County Deputy Sheriff, Petitioner v. Herbert Gulliford. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­2083. Evelyn E. Rice, et al., Petitioners v. Lesley Borovicka, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 97­2084. Glenn Lockerby, Petitioner v. Thomas Dugal, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­2085. S. A. Ludsin & Co., Petitioner v. Small Business Ad- ministration. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­8122. Robert Todd, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 97­8191. Billy J. Torain, Petitioner v. Siemens Rolm Communica- tions, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­8229. James Edward Dodd, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­8230. Bernon Howery, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 97­8383. James Harold Underwood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­8416. Thomas Page and Daryl Fullum, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­8425. Noel C. Alvarado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­8460. Clinton Burns, Petitioner v. United States; and No. 97­9155. Tracy Topaz Turner, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­8515. Larry Franklin, Petitioner v. Charles E. Jones, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES 28 MONDAY, OCTOBER 5, 1998 No. 97­8551. William J. R. Embrey, Petitioner v. Greg Hershberger, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­8558. Coyette Deon Johnson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­8586. Martell Lee, Petitioner v. United States; No. 97­8634. Nate Hall, Petitioner v. United States; No. 97­8636. Rodney Palmer, Petitioner v. United States; and No. 97­8638. Sectric Curry, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. No. 97­8593. R. D., Petitioner v. Alabama. Petition for writ of certio- rari to the Court of Criminal Appeals of Alabama denied. No. 97­8620. Jesus Jose Escobar, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­8626. Alice Withers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­8641. Eusebio Escobar de Jesus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97­8654. Todd W. Grubbs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­8670. Jaime Gonzalez Bath, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth Dis- trict, denied. No. 97­8677. Clarence Dee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­8678. Richard Charles Duncan, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 97­8681. Gerald James Holland, Petitioner v. Mississippi. Peti- tion for writ of certiorari to the Supreme Court of Mississippi denied. No. 97­8701. Andrew Kokoraleis, Petitioner v. Jerry Gilmore, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 29 No. 97­8740. James Joseph Wilkens, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 97­8745. Iso Nahnken, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97­8767. Walter J. Rason, Petitioner v. Togo West, Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97­8771. Richard Max Strahan, Petitioner v. Trudy Coxe, Secre- tary of Massachusetts Executive Office of Environmental Affairs, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97­8774. Kevin James Lisle, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 97­8776. Donald Albert Massie, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­8805. Hendrick W. Haynes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­8828. Robert Dennis Bunner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­8830. Antonia Damarlane, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97­8853. Antoine Liddell Williams, Petitioner v. Nevada. Peti- tion for writ of certiorari to the Supreme Court of Nevada denied. No. 97­8871. Robert Lee Griffin, aka Robert L. Griffin, Petitioner v. Gary Penrod, Sheriff, San Bernardino County, California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­8880. Steve Henley, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied. No. 97­8884. Timothy Parks, Petitioner v. Howard Andersen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES 30 MONDAY, OCTOBER 5, 1998 No. 97­8887. John Paul Sobaszkiewicz, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 97­8888. Donald Green, Petitioner v. Dennis C. Vacco, Attorney General of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­8889. Willie Don Daniel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­8895. Donald W. Davis, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­8896. Salvador Gambino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­8897. John R. Farabaugh, Petitioner v. Lee Markovitz. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97­8898. Gregory Curry, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Scioto County, denied. No. 97­8901. William W. Scott, Petitioner v. Donald Dorsey, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­8902. Charles C. Reed, Jr., Petitioner v. Ron Champion, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­8903. Phillip W. Stanfield, Petitioner v. Osborne Industries, Inc., et al. Petition for writ of certiorari to the Supreme Court of Kan- sas denied. No. 97­8910. Jose Mendez, aka Ever Quintanilla, Petitioner v. Cal Terhune, Director, California Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­8913. Benny Lee Saylor, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 97­8914. Mohammed Maksuour Rahman, Petitioner v. Hal Hub- bard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 31 No. 97­8918. James S. Baldwin, IV, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 97­8919. Gilbert Avila, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 97­8925. Dennis McGuire, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 97­8927. Davy Gene Stephens, Petitioner v. North Carolina. Pe- tition for writ of certiorari to the Supreme Court of North Carolina denied. No. 97­8934. Joel Brown, Petitioner v. Theo White, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­8937. Benny Lee Clay, Petitioner v. Jimmy Stegall, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­8939. Morris Damon Banks, Petitioner v. Michigan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­8941. Jeffery Darden, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­8942. Donovan Howard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­8946. Felton B. Green, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­8947. Nehemiah Pope, Jr., Petitioner v. Mack Jarvis, Secre- tary, North Carolina Department of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­8949. Viret Phim, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate Dis- trict, denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES 32 MONDAY, OCTOBER 5, 1998 No. 97­8952. Calvin Dumas, Petitioner v. Burl Cain, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­8954. Ronald S. Leventhal, Petitioner v. Claude E. Surface, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­8960. Ronald Dean Lowe, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 97­8963. Leonard D. Prentice, Petitioner v. Information Re- sources, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­8965. Gary Reed Walp, Petitioner v. Melinda Bozarth. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­8966. Theral Terry, Petitioner v. Circuit Court of Mississippi, Sunflower County. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 97­8967. Rodolfo G. Ortiz, Petitioner v. Florida, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 97­8968. Colleen Riley, Petitioner v. Seattle University, et al. Petition for writ of certiorari to the Court of Appeals of Washington, Division 2, denied. No. 97­8976. Darrell Ferguson, Petitioner v. David Williams, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 97­8977. Charles Lee Trujillo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­8979. Richard Norris, Petitioner v. West Valley City, Utah. Petition for writ of certiorari to the Court of Appeals of Utah denied. No. 97­8983. James McQueen Byrd, Petitioner v. Carl Clements. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­8984. Tony Alonzo Bradford, Petitioner v. David Thompson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 33 No. 97­8985. Orland Dennis Stewart, Petitioner v. Burl Cain, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 97­8986. Lonnie D. Snelling, Petitioner v. Missouri, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­8988. Michael C. Antonelli, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 97­8990. Carson Lynn Brown, Petitioner v. Raymond G. Toombs, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­8992. Tyrone L. Farris, Petitioner v. Cloid L. Shuler. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­8993. Gary Farrell, Petitioner v. George E. Pataki, Governor of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­8997. Von Lester Taylor, Petitioner v. Utah. Petition for writ of certiorari to the Supreme Court of Utah denied. No. 97­8999. Vincent Francis Cass, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, West- ern District, denied. No. 97­9003. Terry K. Arthur, Petitioner v. Fred Stock, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­9005. Emily Burge, Petitioner v. Colorado, et al. Petition for writ of certiorari to the District Court of Colorado, Jefferson County, denied. No. 97­9009. Johnny Neal, Jr., Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 97­9013. Johnie Michael Cox, Petitioner v. Larry Norris, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­9014. Charles Peter Allison, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES 34 MONDAY, OCTOBER 5, 1998 No. 97­9016. Johnny Dwayne Staten, Petitioner v. Bob Pruitt, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­9019. Omar Mohammed Ali Rezaq, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97­9021. Howard Andrew Brewer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­9025. Ethel L. Jones, Petitioner v. Togo West, Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97­9027. Arturo Solis, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­9028. Steven Allen Shawley, Petitioner v. Kenneth D. Kyler, Superintendent, State Correctional Institution & Diagnostic/Classifi- cation Center at Camp Hill, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97­9029. Richard Bucci, Petitioner v. Planned Parenthood Feder- ation of America, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­9030. Jose Roberto Santiago, Petitioner v. Massachusetts. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97­9031. Tong Park, Petitioner v. County of San Mateo, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 97­9036. James Vincent Zankich, Petitioner v. Phoenix Cardiolo- gists, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9037. Roberto Baez, Petitioner v. United States District Court for the Northern District of Georgia. Petition for writ of certio- rari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­9038. Madyun Abdulhaseeb, Petitioner v. Steve Hargett, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 35 No. 97­9039. Stephen S. Hudson, Petitioner v. Okaloosa County Board of County Commissioners, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­9046. Maria Horpenko, Petitioner v. Glenn L. Bliss. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97­9049. Mark King, Petitioner v. Burl Cain, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­9051. Larry Lynn Robinson, Petitioner v. Darwin Sanders, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­9052. Clayborn Smith, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 97­9053. Gerald L. Raines, Petitioner v. Margarette T. Ghee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­9055. Cornelius W. Harris, Petitioner v. Kenneth Morgan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­9056. Rodney Collins, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. No. 97­9059. James Lewis Hardy, Petitioner v. Donald R. Hamlin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­9062. Robert J. Castaldi, Petitioner v. Township of Radnor, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. No. 97­9064. J. R. Wilkerson, Petitioner v. James W. Nielsen, Chair- man, California Board of Prison Terms, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9065. Allan Walden, Petitioner v. Daniel E. Lungren, Attor- ney General of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9068. Daniel R. Morgan, Petitioner v. Mark Kimbrough, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES 36 MONDAY, OCTOBER 5, 1998 No. 97­9069. Eduardo R. Leon, Petitioner v. Ernest C. Roe, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 97­9071. Steven Raheem Kado, Petitioner v. Stanley Adams, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­9078. Marilyn W. Doe, Petitioner v. A. M. E. Zion Church, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­9081. George M. Escamilla, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. No. 97­9083. Ernest Selby Epps, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. No. 97­9084. Wilmer Paradise, Petitioner v. Warden, Connecticut Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­9088. Patrick J. Higgins, Sr., Petitioner v. James V. Anderson, Commissioner, Mississippi Department of Corrections, et al. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 97­9095. Daniel W. Risher, Petitioner v. Larry Norris, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­9096. Francis Clayton Hood, Petitioner v. Officer Murphy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­9097. Scott A. Cuthbert, Petitioner v. Sandy Crawford, Clerk, Circuit Court of Florida, Brevard County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­9098. Dwain Buffkin, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­9100. Otis Frank Williams, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 37 No. 97­9103. Timothy Parks, Petitioner v. Madison County, Indiana, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 97­9104. Jesse J. Perez, Petitioner v. California; and Jesse J. Perez, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 97­9106. Salvatore Moretti, Petitioner v. United States District Court for the District of New Jersey. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97­9109. David A. Kersh, Petitioner v. Julian Cook, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97­9112. Keith Smith, et ux., Petitioners v. Russell Haynes, et al. Petition for writ of certiorari to the Supreme Court of Montana denied. No. 97­9114. Vernon Frank Stone, Petitioner v. George Galaza, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9118. Omar Blanco, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 97­9119. Gene Schofield, Petitioner v. James Brown, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97­9121. Feliks Sadowski, Petitioner v. Technical Career Insti- tutes, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­9122. Donald Palmer, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 97­9123. Roger Roy, Petitioner v. General Dynamics Corpora- tion, Electric Boat Division, et al. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 97­9124. Jimmie Dale Poole, Petitioner v. David Helman, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 97­9126. John Michael Borrie, Petitioner v. John Makowski, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 97­9127. Joseph Sellers, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES 38 MONDAY, OCTOBER 5, 1998 No. 97­9128. Marcos Savedra, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Seventh District, denied. No. 97­9129. Thomas G. Poulakidas, Petitioner v. United States Court of Appeals for the Seventh Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­9130. Otis Rudd, Petitioner v. Clinton Robinson, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­9131. David Lee Russell, Petitioner v. Johnny Sikes, Warden. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 97­9134. David Lee Richards, Petitioner v. Charles Jones, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 97­9135. David A. Kersh, Petitioner v. Martin & Mehaffy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­9137. Gordon E. Johnson, Petitioner v. Richard C. Burton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9138. Parviz Karim-Panahi, Petitioner v. Pete Wilson, Gover- nor of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9139. Curtis Dean Purser, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Eighth District, denied. No. 97­9141. Gustaaf Van't Hof, Petitioner v. Metropolitan Water District of Southern California, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 97­9143. James Games, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 97­9144. Steven Dominque, Petitioner v. Burl Cain, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­9145. Kevin D. Earick, Petitioner v. Laura J. Earick. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. No. 97­9146. Michael R. Fuller and Nancy Halstead, Petitioners v. Virginia. Petition for writ of certiorari to the Supreme Court of Vir- ginia denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 39 No. 97­9150. Eddie Lawrence, Petitioner v. Missouri Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­9154. Jimmy Williams, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 97­9157. Charles Bradley Rienhardt, Petitioner v. Arizona. Peti- tion for writ of certiorari to the Supreme Court of Arizona denied. No. 97­9158. Dale G. Wills, Petitioner v. Cal Terhune, Director, Cali- fornia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9160. Otis Mack Vickson, Petitioner v. Henry D. Alford, Superintendent, Gulf Correctional Institution. Petition for writ of cer- tiorari to the Supreme Court of Florida denied. No. 97­9161. Mary R. Scarpello, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied. No. 97­9163. Adrian Ardel Duncan, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied. No. 97­9166. Charles Ray Knight, Petitioner v. Edgar Ivester, et al. Petition for writ of certiorari to the Court of Appeals of South Carolina denied. No. 97­9167. James D. Maciel, Petitioner v. Ernie Roe, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9168. Frankie L. McCoy, Petitioner v. Sewall B. Smith, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­9169. Marvin D. Mayberry, Petitioner v. Gary Gabry. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­9171. Robert Tuerk, Petitioner v. Florida Board of Bar Ex- aminers. Petition for writ of certiorari to the Supreme Court of Flor- ida denied. No. 97­9172. Timothy E. White, Petitioner v. Fran Rigsby, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES 40 MONDAY, OCTOBER 5, 1998 No. 97­9175. Jaturun Siripongs, Petitioner v. Arthur Calderon, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 97­9176. Leamon L. Tatum, Petitioner v. Richard A. Lanham, Sr., Commissioner, Maryland Division of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­9177. Maria N. Tudorov, Petitioner v. Lucia Colazo. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­9178. Marbel Mendoza, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 97­9179. Gary Alberts, et ux., Petitioners v. Arthur Gray. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied. No. 97­9185. Richard W. Dunnugan, Petitioner v. John Keane, Super- intendent, Sing Sing Correctional Facility. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit denied. No. 97­9188. Kevin James Lisle, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 97­9189. Yehanna Joan M. M. Malone, Petitioner v. Steven Sha- piro. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 97­9190. Keith L. Mason, Petitioner v. United States District Court for the Middle District of Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­9192. William Blount, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­9193. Charles Wayne Johnson, Petitioner v. Hal Meltzer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9195. James Lee Hess, Petitioner v. Charles Ryan, Warden, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. No. 97­9196. Melvin Gregory, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Lucas County, denied. No. 97­9197. Johnnie Earl Ewing, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 41 No. 97­9198. J. D. Gleaton, Petitioner v. Michael W. Moore, Director, South Carolina Department of Corrections, et al.; No. 97­9264. Larry Gilbert, Petitioner v. Michael W. Moore, Direc- tor, South Carolina Department of Corrections, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­9201. Ernest Whitfield, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 97­9202. Michael Zampardi, Petitioner v. United States; and No. 97­9488. John Cassano, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 97­9205. Carruthers Johnson, Petitioner v. Danny Waters, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 97­9206. Henry Douglas Charlton, Petitioner v. William Duncan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9207. James R. Swofford, Petitioner v. Anthony M. Scillia, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97­9210. Michael Damon Rippo, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 97­9211. Clay Roselle, Petitioner v. Department of the Interior. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9212. William J. O'Rourke, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 97­9215. Vincent J. Prowell, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 97­9216. Jeffrey Pinckney, Petitioner v. James Stinson, Superin- tendent, Great Meadow Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­9219. Carol J. Weatherspoon, Petitioner v. Alexis Herman, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES 42 MONDAY, OCTOBER 5, 1998 No. 97­9222. Wayne O. Sowers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97­9224. Donald Ray Varnado, Petitioner v. Burl Cain, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 97­9225. Aubie Baltin, et ux., Petitioners v. Alaron Trading Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­9226. Bobby Allen Raleigh, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 97­9227. Pablo San Martin, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 97­9228. John M. Murray, Petitioner v. Henry D. Alford, Warden. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 97­9229. Mildred A. Miller-Jackson, Petitioner v. Mead Corpora- tion, et al.; No. 97­9318. Brenda S. Smith, Petitioner v. Mead Corporation, et al.; and No. 97­9346. Ann Holcomb, Petitioner v. Mead Corporation, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­9230. Leland Jacobs, Petitioner v. Machell Jacobs, et al. Peti- tion for writ of certiorari to the Court of Appeals of Minnesota denied. No. 97­9232. Tywanna Faye Martin, Petitioner v. Larry Norris, Di- rector, Arkansas Department of Correction. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­9234. John A. Pikitus, Petitioner v. Borough of Shenandoah Sewage Department. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97­9235. Donald H. Brancato, Petitioner v. Ronald J. Fischer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­9238. Keith D. Limehouse, Petitioner v. Red Lobster, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­9239. Robert Kinslow, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 43 No. 97­9240. Jerry B. King, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97­9241. Levon Spaulding, Petitioner v. Randy Lee, Administra- tor, Caledonia Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­9244. John M. Murray, Petitioner v. Henry D. Alford, Warden. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 97­9245. Raymond McCluster, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 97­9248. Vernon Jones, Petitioner v. Alabama, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 97­9251. Richard L. Bast, Petitioner v. Victor M. Glasberg, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­9255. Richard Lovell Henderson, Petitioner v. University of Colorado at Boulder. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­9259. Robert Allen Hirt, Petitioner v. Jim Girard, Minnesota Commissioner of Revenue. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 97­9262. Rodney E. Hillsman, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97­9263. Ronnie Howard, Petitioner v. Michael W. Moore, Direc- tor, South Carolina Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­9273. Charles E. White, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. No. 97­9274. Ronald D. Weaver, Petitioner v. Carolyn A. George, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. No. 97­9275. Mantha Lee Henderson, Sr., Petitioner v. Iowa, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES 44 MONDAY, OCTOBER 5, 1998 No. 97­9276. Tyrone Delano Gilliam, Petitioner v. Stuart O. Simms, Secretary, Maryland Department of Public Safety and Correctional Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­9280. Jessica C. Adams, Petitioner v. Lockheed Martin. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, First District, denied. No. 97­9281. Stacy L. Sonnier, Petitioner v. Burl Cain, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­9282. Gary Jerome Palmer, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 97­9284. Michael A. Shaw, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­9287. Kenneth Russo, Petitioner v. San Francisco County, California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9289. Thomas R. Morke, Petitioner v. David A. Garraghty, Warden; Thomas R. Morke, Petitioner v. David A. Garraghty, Warden; Thomas R. Morke, Petitioner v. David A. Garraghty, Warden; and Thomas R. Morke, Petitioner v. David A. Garraghty, Warden. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 97­9290. Warren T. McEvoy, Petitioner v. M. Jean Hoag. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 97­9292. Earl Richmond, Jr., Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 97­9293. Bill E. Tucker, Jr., Petitioner v. Winston Barton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97­9295. Robert Morris Cochran, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­9297. Jack Barrett, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. No. 97­9298. Felix Roche, Petitioner v. United States; and jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES MONDAY, OCTOBER 5, 1998 45 No. 97­9367. Edwin Rivera, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97­9299. Gary W. Sweatt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97­9300. Antonio Sanchez Palacios, Petitioner v. Frank Thomp- son, Superintendent, Oregon State Penitentiary, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 97­9303. Lawrence Colwell, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 97­9306. Dale D. Whitley, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 97­9307. Ramon M. Vidal, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 97­9308. Pearly L. Wilson, Petitioner v. John Kinkela, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97­9309. Michael S. Diaz, aka Winston Thomas, Petitioner v. James E. Brady. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­9310. Ethel Walton, Petitioner v. Kenneth S. Apfel, Commis- sioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­9311. Salvatore Moretti, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97­9312. Jerry Lee Key, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97­9315. Michael Minerd, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied. No. 97­9317. James Watson Ramsey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. jnl98$1005-11-25-98 08:55:00 JOURNAPGT MILES 46 MONDAY, OCTOBER 5, 1998 No. 97­9320. Antonio B. Sampang, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9321. Reagan Duane Watson, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97­9322. Marjorie Wolper, Petitioner v. McGraw-Hill, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97­9323. Raymond Loy Rampey, Petitioner v. George H. Bald- win, Superintendent, Eastern Oregon Correctional Institution. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9324. John Stephen Roley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­9325. Jeffery Lynn Borden, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 97­9327. Vincent Perez, Petitioner v. K. W. Prunty, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97­9328. Jamie Lamont Smith, Petitioner v. North Carolina. Pe- tition for writ of certiorari to the Supreme Court of North Carolina denied. No. 97­9330. Larry D. Turner, Petitioner v. Kirk Johnson. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97­9331. Michael Price, Petitioner v. United States. Petition for writ of