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by Joseph Zernik
Human Rights Alert DN: cn=Joseph
Zernik, o, ou,
PO Box 526, La Verne, CA 91750 email=jz12345@e
Fax: 323.488.9697; Email: jz12345@earthlink.net arthlink.net, c=US
Blog: http://human-rights-alert.blogspot.com/ Date: 2010.08.27
Scribd: http://www.scribd.com/Human_Rights_Alert 00:29:33 +03'00'
10-08-13 RE: Fine v Baca (09-A927), Fine v Baca (09-1250), and Fine v Baca (10-A24):
October 2009 Term Journal of the Supreme Court of the United States - Validity, or
lack thereof
The Journal was downloaded on August 13, 2008, and completeness and validity of data were examined
of the record in itself, and in comparison to Court files in the cases referenced above.
A. Validity of the online Journal in itself – completeness/missing pages
Pages were missing from the Journal, as posted online, in irregular intervals; e.g. missing pages included, but
are not limited to:180, 212, 218, 240, 280, 332, 366, 372, 396, 398, 420.
In total: The last page, as downloaded on August 13, 2010, was marked as page 1055 of the Journal, but as
posted online it was only the 1008th page in the document, indicating a total of 47 pages, or ~5% of the total,
were missing from the document, as posted online.
In particular, the page corresponding to the April 23, 2010 Conference (marked p 778), where the Application
of Fine v Baca (09-A827) was scheduled to be reviewed, was missing from the Journal. The reference to the
Application appears instead under the conference of April 26, 2010 (marked as p 779).
B. Validity of the online Journal in itself - certification by clerk
No certification of the Journal, as published online, was found, either by a Justice of the Court or by the Clerk
of the Court.
Nowhere in the online record is the authority of the Clerk of the Court invoked, either.
C. Match, or lack thereof, between the online Journal entries and records in Court files
The following entries, ordered by date, were found in the October 2009 Term Journal of the Supreme Court of
the United States, pertaining to Fine v Baca (09-A827), Fine v Baca (09-1250), and Fine v Baca (10-A24):
1) April 26, 2010 Conference in re: Fine v Baca (09-A827):
a. The Journal for the April 26, 2010 Conference states on p 749 (marked as p 779):
The Chief Justice said:
“We have issued orders today, they have been duly entered and certified, and filed with the Clerk.”
b. The Journal the April 26, 2010 Conference further states (marked as p 779):
Orders in Pending Cases
No. 09A827 (09–1250). Richard I. Fine, Applicant v. Leroy D. Baca, Sheriff, Los Angeles County,
California, et al. Application for stay addressed to Justice Ginsburg and referred to the Court denied.
i
July 27, 2010 Fine v Baca (09-A827) at the Supreme Court of the United States: Online docket, and declaration of George
McDermott in re: Search for records in the Court’s file of the case.
Hhttp://www.scribd.com/doc/35014599/
ii
August 10, 2010 RE Fine v Baca (09-1250) at the Supreme Court of the United States: Declaration of George McDermott in re:
April 26, 2010 unsigned letter by unnamed Deputy Clerk, noticing denial of the Application, as found in Court file of the case.
Hhttp://www.scribd.com/doc/36471702/
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Certiorari—Summary Dispositions
No. 08–906. Joseph Afanwi, Petitioner v. Eric H. Holder, Jr., Attor
ney General. On petition for writ of certiorari to the United States
Court of Appeals for the Fourth Circuit. 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 the position asserted by the Solicitor General in her brief for
the respondent filed August 26, 2009.
No. 08–10150. Martin Frankel, Petitioner v. United States. On peti
tion for writ of certiorari to the United States Court of Appeals for
the Second 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 Sec
ond Circuit for further consideration in light of the position asserted
by the Solicitor General in her brief for the United States filed August
4, 2009.
No. 09–5115. Kevin M. Hamilton, Petitioner v. Massachusetts. On
petition for writ of certiorari to the Appeals Court of Massachusetts.
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 Appeals Court of Massachusetts for further consider
ation in light of Melendez-Diaz v. Massachusetts, 557 U. S. ––– (2009).
Certiorari Denied
sion. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
No. 08–10737. Kirby Perritte, Petitioner v. Florida. Petition for writ
of certiorari to the District Court of Appeal of Florida, Fifth District,
denied.
No. 08–10738. Maurice Pierre Olivier, Petitioner v. California. Peti
tion for writ of certiorari to the Court of Appeal of California, Second
Appellate District, denied.
No. 08–10739. Mondric Bradley, Petitioner v. Mississippi. Petition
for writ of certiorari to the United States Court of Appeals for the
Fifth Circuit denied.
No. 08–10740. James Edward Brown, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Fourth Circuit denied.
No. 08–10741. Chris J. Jacobs, Petitioner v. Wisconsin. Petition for
writ of certiorari to the Court of Appeals of Wisconsin, District III,
denied.
No. 08–10742. Jason Newell, Petitioner v. Walter A. McNeil, Secre
tary, Florida Department of Corrections. Petition for writ of certiorari
to the Supreme Court of Florida denied.
No. 08–10743. Theodore W. Oswald, Petitioner v. Michael Thurmer,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Seventh Circuit denied.
No. 08–10744. Chaddrick Levell Thomas, Petitioner v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Eleventh Circuit denied.
No. 08–10745. Eddie Lamar Taylor, Petitioner v. North Carolina.
Petition for writ of certiorari to the Supreme Court of North Caro
lina denied.
No. 08–10746. Everett Watson, Petitioner v. City of Akron, Ohio,
et al. Petition for writ of certiorari to the Court of Appeals of Ohio,
Summit County, denied.
No. 08–10747. Scott Koth, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Ninth
Circuit denied.
No. 08–10748. Babatunde Osiname, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Ninth Circuit denied.
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for the Second Circuit denied. Justice Sotomayor took no part in the
consideration or decision of this petition.
No. 08–1358. Brandy Aileen Holmes, Petitioner v. Louisiana. Motion
of National Organization on Fetal Alcohol Syndrome for leave to file a
brief as amicus curiae granted. Motion of Constitution Project for
leave to file a brief as amicus curiae granted. Motion of Louisiana
Association of Criminal Lawyers for leave to file a brief as amicus
curiae granted. Motion of National Center on Domestic and Sexual
Violence, et al. for leave to file a brief as amici curiae granted. Petition
for writ of certiorari to the Supreme Court of Louisiana denied.
No. 08–1361. Swisher International, Inc., Petitioner v. Thomas J.
Vilsack, Secretary of Agriculture. Motion of Pacific Legal Foundation,
et al. for leave to file a brief as amici curiae granted. Petition for writ
of certiorari to the United States Court of Appeals for the Eleventh
Circuit denied.
No. 08–1389. John Prelesnik, Warden, Petitioner v. Chamar Avery.
Motion of respondent for leave to proceed in forma pauperis granted.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
No. 08–1425. Robert Welch, Warden, Petitioner v. John C. Moore, Jr.
Motion of respondent for leave to proceed in forma pauperis granted.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
No. 08–1436. Gerald K. Smith, as Litigation Trustee of the Farmland
Dairies LLC Litigation Trust, et al., Petitioners v. Bank of America
Corporation, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied. Justice Sotomayor took
no part in the consideration or decision of this petition.
No. 08–1439. Susan Roe, Jr., et al., Petitioners v. City of Waterbury,
Connecticut, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied. Justice Sotomayor took
no part in the consideration or decision of this petition.
No. 08–1459. Michigan, Petitioner v. Jasmine Dorsey. Motion of re
spondent for leave to proceed in forma pauperis granted. Petition for
writ of certiorari to the Court of Appeals of Michigan denied.
No. 08–1479. Pfizer, Inc., Petitioner v. James D. Dotson; and
No. 09–29. James D. Dotson, Petitioner v. Pfizer Inc. Petitions for
writs of certiorari to the United States Court of Appeals for the Fourth
Circuit denied. The Chief Justice took no part in the consideration or
decision of these petitions.
JNL09$1005—07-27-10 17:24:45 JOURNAPGT MILES
Mandamus Denied
No. 08–1559. In Re John L. Corrigan, Petitioner;
JNL09$1005—07-27-10 17:24:45 JOURNAPGT MILES
Prohibition Denied
No. 08–10941. In Re Michael Telemaque, Petitioner. Petition for writ
of prohibition denied.
Rehearings Denied
No. 08–7213. Stephen Gill and Barbara Anne Riley, Petitioners v.
United States;
No. 08–9569. Dana Linn Flynn, Petitioner v. Kansas, et al.;
No. 08–9773. Danny Hawk, Petitioner v. James K. Redding, et al.;
and Danny Hawk, Petitioner v. James K. Redding, et al.;
No. 08–9942. Wesley Edward Smith, Petitioner v. Washington Mu
tual Bank FA, et al.;
No. 08–9980. David Sonachansingh, aka Archie, Petitioner v. New
York;
No. 08–10034. David Lee Ballard, Petitioner v. Nicholas Simien,
et al.;
No. 08–10044. Kevin Lawrence Hendrickson, Petitioner v.
Washington;
No. 08–10217. Rodica Waivio, Petitioner v. Board of Trustees of the
University of Illinois at Chicago, et al.; and
No. 08–10218. Donna Marie Conner, Petitioner v. Lions Gate Enter
tainment Corporation, et al. Petitions for rehearing denied.
No. 08–9749. Yvonne Pearson, Petitioner v. Bestcare, et al. Motion
for leave to file a petition for rehearing denied.
Eisenberg
Bishop
Laurie Wilmore Half Moon Bay, Sandra Uribe
CA
Julie Pauline Wilson Milwaukee, WI Raymond J. Pollen
Douglas Neil Yeargin West Palm Beach, Claudia Modder
FL McKenna
Bennett G. Young San Francisco, CA Margaret A.
Keane
Steven Y. Yurowitz New York, NY Richard Alfred
Greenberg
Donald Henry Zeigler, III Monroe, LA D. Brian Allen
Admissions to the Bar on Oral Motions
Applicant City and State Movant
Gulick
the Court, supporting the petitioner, and by Ms. Celia A. Davis for
the respondent.
No. 08–678. Mohawk Industries, Inc., Petitioner v. Norman Carpen
ter. Argued by Mr. Randall L. Allen for the petitioner, by Ms. Judith
Resnik for the respondent, and by Mr. Edwin S. Kneedler for the
United States as amicus curiae, by special leave of the Court, support
ing the respondent.
Oral Arguments
No. 08–769. United States, Petitioner v. Robert J. Stevens. Argued
by Mr. Neal K. Katyal for the petitioner and by Ms. Patricia A. Millett
for the respondent.
No. 08–6925. Curtis Darnell Johnson, Petitioner v. United States.
Argued by Ms. Lisa Call for the petitioner and by Ms. Leondra R.
Kruger for the respondent.
No. 08–728. Taylor James Bloate, Petitioner v. United States. Ar
gued by Mr. Mark T. Stancil for the petitioner and by Mr. Matthew D.
Roberts for the respondent.
The Chief Justice said:
“Before we rise for the afternoon, I would like to note that we are
very pleased to have visiting with us today President Augusto Ibáñez
and other members of the Colombian Supreme Court. Welcome.”
Oral Arguments
No. 08–472. Ken L. Salazar, Secretary of the Interior, et al., Peti
tioners v. Frank Buono. Argued by Ms. Solicitor General Elena Kagan
for the petitioners and by Mr. Peter J. Eliasberg for the respondent.
No. 08–103. Reed Elsevier, Inc., et al., Petitioners v. Irvin Muchnick,
et al. Argued by Mr. Charles S. Sims for the petitioners, by Ms. Ginger
Anders for the United States as amicus curiae, by special leave of the
Court, supporting the petitioners, and by Ms. Deborah Jones Merritt,
appointed by this Court, as amicus curiae, supporting the judgment
below. Justice Sotomayor recused.
No. 08–604. Union Pacific Railroad Company, Petitioner v. Brother
hood of Locomotive Engineers and Trainmen General Committee of
Adjustment, Central Region. Argued by Mr. J. Scott Ballenger for the
petitioner and by Mr. Thomas H. Geoghegan for the respondent.
Attorney Discipline
Donahue
Davis
Anthony Marino Eleftheri Indianapolis, IN Sharon Funcheon
Murphy
Thomas J. Fisher Alexandria, VA Arthur Irwin
Neustadt
Joseph P. Garland White Plains, NY I. Stephen Rabin
Julie Jarrell Gresham Biloxi, MS Stephen James
Carmody
William H. Gussman, Jr. New York, NY Howard Owen
Godnick
Jennifer Sullivan Hanson Atlanta, GA Bruce Steven
Harvey
Barry J. Herman Alexandria, VA Arthur Irwin
Neustadt
David Edward Hollar Chicago, IL Honorable Elena
Kagan, Solicitor
General of the
United States
James G. Hunt Helena, MT William E. Hunt
Gary K. Hunter, Jr. Tallahassee, FL Richard S.
Brightman
Max Thomas Hyde, Jr. Spartanburg, SC John B. White, Jr.
Zandra Lynn Johnson Greenville, SC Natalma M.
McKnew
George Wilton Kuney Knoxville, TN Penny J. White
Gaby Lorraine Longsworth Washington, DC Robert Greene
Sterne
Kristopher K. Madsen Council Bluffs, IA Michael Arthur
Sciortino
Philip William Marsh Washington, DC Allan M. Soobert
Aaron Michael McKown Newport Beach, Jeffery W. Ring
CA
John Chester Mitby Madison, WI Frank J. Bucaida
Roy L. Morris Washington, DC David B. B.
Helfrey
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Oral Arguments
No. 08–351. Anita Alvarez, Cook County State’s Attorney, Petitioner
v. Chermane Smith, et al. Argued by Mr. Paul Castiglione for the peti
tioner, by Mr. William M. Jay for the United States as amicus curiae,
by special leave of the Court, supporting the petitioner, and by
Mr. Thomas Peters for the respondents.
No. 970. Sonny Perdue, Governor of Georgia, et al., Petitioners v.
Kenny A., By His Next Friend Linda Winn, et al. Argued by Mr. Mark
H. Cohen for the petitioners, by Mr. Pratik A. Shah for the United
States as amicus curiae, by special leave of the Court, supporting the
petitioners, and by Mr. Paul D. Clement for the respondents.
Certiorari Granted
No. 08–1234. Jamal Kiyemba, et al., Petitioners v. Barack H. Obama,
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 granted.
No. 08–1553. Kawasaki Kisen Kaisha Ltd., et al., Petitioners v.
Regal-Beloit Corporation, et al.; and
No. 08–1554. Union Pacific Railroad Company, Petitioner v. Regal-
Beloit Corporation, et al. Petitions for writs of certiorari to the United
States Court of Appeals for the Ninth Circuit granted. The cases are
consolidated and a total of one hour is allotted for oral argument.
Certiorari Denied
No. 08–1427. Corey Alan Brockman, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 08–1428. John Burkey, Petitioner v. Helen J. Marberry, Warden.
Petition for writ of certiorari to the United States Court of Appeals
for the Third Circuit denied.
No. 08–1453. Tommy Ray Rollins, Jr., Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit denied.
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Mandamus Denied
No. 09–204. In Re Susan V. Klat, Petitioner. Petition for writ of
mandamus and/or prohibition denied.
No. 09–5944. In Re Gary B. Williams, Petitioner;
No. 09–6024. In Re Julian Rochester, Petitioner; and
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Rehearing Denied
No. 09–5004 (09A338). Mark Howard McClain, Petitioner v. Hilton
Hall, Warden. Application for stay of execution of sentence of death
presented to Justice Thomas and by him referred to the Court denied.
Petition for rehearing denied.
Certiorari Denied
No. 09–7104 (09A363). Mark Howard McClain, Petitioner v. Stephen
Upton, Warden. Application for stay of execution of sentence of death
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Certiorari Denied
No. 09–7211 (09A391). Reginald Blanton, Petitioner v. Texas. Appli
cation for stay of execution of sentence of death presented to Justice
Scalia and by him referred to the Court denied. Petition for writ of
certiorari to the Court of Criminal Appeals of Texas denied.
JNL09$1102—07-27-10 17:34:05 JOURNAPGT MILES
Certiorari—Summary Disposition
Certiorari Granted
Certificate Dismissed
Certiorari Denied
the United States Court of Appeals for the Fifth Circuit dismissed.
See Rule 39.8.
No. 08–10844. Richard L. Norton, Petitioner v. Officer Norris, et al.
Motion of petitioner for leave to proceed in forma pauperis denied,
and petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit dismissed. See Rule 39.8.
No. 08–10942. James I. Tibbs, Petitioner v. William McWhorter,
et al. Motion of petitioner for leave to proceed in forma pauperis de
nied, and petition for writ of certiorari to the United States Court of
Appeals for the Fifth Circuit dismissed. See Rule 39.8.
No. 08–10982. Yasin Muhammed Basardh, Petitioner v. Robert M.
Gates, Secretary of Defense, et al. Petition for writ of certiorari before
judgment to the United States Court of Appeals for the District of
Columbia Circuit denied.
No. 08–11023. Gary Lee Wheeler, Petitioner v. Walter A. McNeil,
Secretary, Florida Department of Corrections, et al. Motion of peti
tioner for leave to proceed in forma pauperis denied, and petition for
writ of certiorari to the United States Court of Appeals for the Elev
enth Circuit dismissed. See Rule 39.8.
No. 09–28. Jack E. Easterday, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit denied. Justice Breyer took no part in the consideration
or decision of this petition.
No. 09–49. Pavel Ivanovich Lazarenko, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied. Justice Breyer took no part in the consid
eration or decision of this petition.
No. 09–74. Keith Smith, Warden, Petitioner v. Maurice A. Mason.
Motion of respondent for leave to proceed in forma pauperis granted.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
No. 09–104. Ad Hoc Committee of Kenton County Bondholders, Peti
tioner v. Delta Air Lines, Inc., et al. Motion of Professor George W.
Kuney for leave to file a brief as amicus curiae granted. Petition for
writ of certiorari to the United States Court of Appeals for the Second
Circuit denied. Justice Sotomayor took no part in the consideration or
decision of this motion and this petition.
No. 09–141. Julie M. Bennett, Petitioner v. Verizon Wireless. Peti
tion for writ of certiorari to the United States Court of Appeals for
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Mandamus Denied
No. 09–6157. In Re Charles McCorvey, Petitioner;
No. 09–6268. In Re Roosevelt Carter, Petitioner;
No. 09–6434. In Re Tommie H. Telfair, Petitioner; and
No. 09–6776. In Re Daniel Garraud, Petitioner. Petitions for writs
of mandamus denied.
No. 08–10694. In Re Julian Rochester, Petitioner. Motion of peti
tioner for leave to proceed in forma pauperis denied, and petition for
writ of mandamus dismissed. See Rule 39.8.
No. 09–5102. In Re Gary Lee Wheeler, Petitioner. Motion of peti
tioner for leave to proceed in forma pauperis denied, and petition for
writ of mandamus and/or prohibition dismissed. See Rule 39.8.
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Prohibition Denied
Tarbert
Smith
Laurance Browning Lexington, KY Roy Burl
VanMeter McCoy, Jr.
Michael Anthony Waryasz Boston, MA Murray Allan
Kohn
Lacy Elaine Wilber Nashville, TN Rachel West
Harmon
Sandra Lynn Wright Shelby Township, Anthony Thomas
MI Sheehan
Steven A. Wright Shelby Township, Anthony Thomas
MI Sheehan
David Joel Zelner Chicago, IL Edward Fortune
McHale
Admissions to the Bar on Oral Motions
Applicant City and State Movant
Landau
Heights, IL Landau
Oral Arguments
Oral Arguments
No. 08–1065. Pottawattamie County, Iowa, et al., Petitioners v. Cur
tis W. McGhee, Jr., et al. Argued by Mr. Stephen Sanders, pro hac vice,
by special leave of the Court, for the petitioners, by Mr. Neil K. Katyal
for the United States as amicus curiae, by special leave of the Court,
supporting the petitioners, and by Mr. Paul D. Clement for the
respondents.
No. 08–9156. Holly Wood, Petitioner v. Richard F. Allen, Commis
sioner, Alabama Department of Corrections, et al. Argued by
Mr. Kerry A. Scanlon for the petitioner and by Mr. Solicitor General
Corey L. Maze for the respondents.
peatedly abused this Court’s process, the Clerk is directed not to accept
any further petitions in noncriminal matters from petitioner unless the
docketing fee required by Rule 38(a) is paid and petition submitted in
compliance with Rule 33.1. See Martin v. District of Columbia Court
of Appeals, 506 U. S. 1 (1992) (per curiam). Justice Stevens dissents.
See id., at 4, and cases cited therein.
No. 09–6715. Kirk Leaphart, Petitioner v. City of Detroit, Michigan,
et al. Motion of petitioner for leave to proceed in forma pauperis de
nied, and petition for writ of certiorari to the Court of Appeals of
Michigan dismissed. See Rule 39.8. As petitioner has repeatedly abused
this Court’s process, the Clerk is directed not to accept any further
petitions in noncriminal matters from petitioner unless the docketing
fee required by Rule 38(a) is paid and petition submitted in compliance
with Rule 33.1. See Martin v. District of Columbia Court of Appeals,
506 U. S. 1 (1992) (per curiam). Justice Stevens dissents. See id., at 4,
and cases cited therein.
No. 09–6892. Willie E. Boyd, Petitioner v. United States. Motion of
petitioner for leave to proceed in forma pauperis denied, and petition
for writ of certiorari to the United States Court of Appeals for the
Eighth Circuit dismissed. See Rule 39.8.
No. 09–6927. Kevin Brown, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Second
Circuit denied. Justice Sotomayor took no part in the consideration or
decision of this petition.
Mandamus Denied
Rehearings Denied
Oral Arguments
No. 08–7412. Terrance Jamar Graham, Petitioner v. Florida. Argued
by Mr. Bryan S. Gowdy, appointed by this Court, for the petitioner and
by Mr. Solicitor General Scott D. Makar for the respondent.
No. 08–7621. Joe Harris Sullivan, Petitioner v. Florida. Argued by
Mr. Bryan Stevenson for the petitioner and by Mr. Solicitor General
Scott D. Makar for the respondent.
No. 08–964. Bernard L. Bilski and Rand A. Warsaw, Petitioners v.
David J. Kappos, Under Secretary of Commerce for Intellectual Prop
erty and Director, Patent and Trademark Office. Argued by Mr. J. Mi
chael Jakes for the petitioners and by Mr. Malcolm L. Stewart for the
respondent.
Certiorari Denied
No. 09–7328 (09A428). John Allen Muhammad, Petitioner v. Loretta
K. Kelly, Warden. Application for stay of execution of sentence of death
presented to The Chief Justice and by him referred to the Court de
nied. Petition for writ of certiorari to the United States Court of Ap
peals for the Fourth Circuit denied. Statement by Justice Stevens, with
whom Justice Ginsburg and Justice Sotomayor join, respecting the de
nial of the petition for writ of certiorari.
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Nethercutt
Nethercutt
Nethercutt
Oral Arguments
No. 08–911. Agron Kucana, Petitioner v. Eric H. Holder, Jr., Attor
ney General. Argued by Mr. Rick M. Schoenfield for the petitioner, by
Ms. Nicole A. Saharsky for the respondent supporting the petitioner,
and by Ms. Amanda C. Leiter, appointed by this Court as amicus cu
riae, supporting the judgment below.
No. 08–1107. The Hertz Corporation, Petitioner v. Melinda Friend,
et al. Argued by Mr. Sri Srinivasan for the petitioner and by Mr. Todd
M. Schneider for the respondents.
writ of certiorari to the United States Court of Appeals for the First
Circuit denied.
No. 09–6642. Akeem Muhammad, Petitioner v. George Sapp, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Eleventh Circuit denied.
No. 09–6649. Germain Didier Ndongo, Petitioner v. Eric H. Holder,
Jr., Attorney General. Petition for writ of certiorari to the United
States Court of Appeals for the Fourth Circuit denied.
No. 09–6695. Thon N. Sang, Petitioner v. A. K. Scribner, Warden.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
No. 09–6724. Jesus Valverde, Jr., Petitioner v. Arizona. Petition for
writ of certiorari to the Supreme Court of Arizona denied.
No. 09–6735. Michael Lamar Bramit, Petitioner v. California. Peti
tion for writ of certiorari to the Supreme Court of California denied.
No. 09–6756. Robert Wendell Tate, Petitioner v. Millicent Warren,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
No. 09–6758. Roosevelt Jeanlouis, Petitioner v. Walter A. McNeil,
Secretary, Florida Department of Corrections. Petition for writ of cer
tiorari to the United States Court of Appeals for the Eleventh Cir
cuit denied.
No. 09–6761. Roscoe Melvin Owens, Petitioner v. Michigan. Petition
for writ of certiorari to the Court of Appeals of Michigan denied.
No. 09–6769. Rudy Stanko, Petitioner v. Blake Davis, Warden, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Tenth Circuit denied.
No. 09–6772. Valerie M. Fobbs, Petitioner v. John E. Potter, Post
master General. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 09–6793. Henry W. Martin, Jr., Petitioner v. Cecilia Reynolds,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit denied.
No. 09–6870. Clarence Jamison, Petitioner v. Delaware. Petition for
writ of certiorari to the Supreme Court of Delaware denied.
No. 09–6908. William Hyde, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Federal
Circuit denied.
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Mandamus Denied
No. 09–6467. In Re Paul Minix, Petitioner; and
No. 09–7030. In Re Charles Phillip Maxwell, Petitioner. Petitions for
writs of mandamus denied.
No. 09–6412. In Re Charles Willy Alpine, Petitioner. Motion of peti
tioner for leave to proceed in forma pauperis denied, and petition for
writ of mandamus and/or prohibition dismissed. See Rule 39.8.
No. 09–6501. In Re Dorothy Woerth, Petitioner. Petition for writ of
mandamus and/or prohibition denied.
No. 09–6528. In Re Charles Willy Alpine, Petitioner. Motion of peti
tioner for leave to proceed in forma pauperis denied, and petition for
writ of mandamus and/or prohibition dismissed. See Rule 39.8.
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Rehearings Denied
Williams
Banko
Timothy G. Chovanec Fort Worth, TX David Fielding
Brian David Clark Huntsville, AL Robert B. Tuten
Brendan Daniel Cummins Minneapolis, MN Paul Curtis
Peterson
Justin David Cummins Minneapolis, MN Paul Curtis
Peterson
Micheal Leon Darrah Oklahoma City, Mark E. Bialick
OK
Karen T. Davis Indianapolis, IN Kenneth J. Falk
Jason Paul DeMont Phoenix, AZ Russell W.
Binns, Jr.
Sara Elizabeth Dill Chicago, IL John Daniel
Finerty
Jon Stuart Doyle Marion, OH S. Fredrick
Zeigler
Russell Lee England Pelham, AL Devinti Martel
Williams
Daniel Scott Fisher St. Paul, MN Scott M. Browning
Christine M. Fitzgerald New York, NY George Allan
Davidson
Geoffrey H. Gentile, Sr. Fort Myers, FL Mark A. Boyle
Gary M. Gertzog New York, NY Gregg H. Levy
Sarah Anne Gervase Fairfax, VA Robert Dowlut
John P. Gonzalez New Orleans, LA Virginia Weichert
Gundlach
Christopher Ryan Hart Washington, DC Richard Alan
Olderman
Carly Ann Hermanson Tallahassee, FL Robert R.
Wheeler
Barry Scott Herrin Columbia, SC Robert Michael
Karton
Joel Gwen Holley Lanett, AL Devinti Martel
Williams
Erin Lai Los Angeles, CA Johnny H.
Edwards
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Certiorari Denied
No. 09–444 (09A452). Larry Bill Elliott, Petitioner v. Loretta K.
Kelly, Warden. Application for stay of execution of sentence of death
presented to The Chief Justice and by him referred to the Court
denied. Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit denied. Justice Stevens, Justice Gins
burg, and Justice Sotomayor would grant the application for stay of
execution.
JNL09$1118—11-24-09 15:03:22 JOURNAPGT MILES
Certiorari Denied
No. 09–7505 (09A472). Danielle Simpson, Petitioner v. Rick Thaler,
Director, Texas Department of Criminal Justice, Correctional Institu
tions Division. Application for stay of execution of sentence of death
presented to Justice Scalia and by him referred to the Court denied.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied. Justice Stevens, Justice Ginsburg, and
Justice Sotomayor would grant the application for stay of execution.
JNL09$1119—11-24-09 15:04:00 JOURNAPGT MILES
Certiorari Denied
No. 09–7567 (09A466). Robert Lee Thompson, Petitioner v. Texas.
Application for stay of execution of sentence of death presented to
Justice Scalia and by him referred to the Court denied. Petition for
writ of certiorari to the Court of Criminal Appeals of Texas denied.
JNL09$1130—12-17-09 16:22:34 JOURNAPGT MILES
Certiorari—Summary Dispositions
Certiorari Granted
Certiorari Denied
No. 08–1392. Nimatallah Shaffik Massis, Petitioner v. Eric H.
Holder, Jr., Attorney General, et al. Petition for writ of certiorari to
the United States Court of Appeals for the Fourth Circuit denied.
No. 08–1494. Joel Arguelles-Olivares, Petitioner v. Eric H.
Holder, Jr., Attorney General. Petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit denied.
No. 08–1575. Jason Landis Linder, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Fourth Circuit denied.
No. 09–10. Timothy Justin Joyner, Petitioner v. Arkansas. Petition
for writ of certiorari to the Supreme Court of Arkansas denied.
No. 09–26. Susan Hertz, Individually and as Personal Representa
tive of the Estate of Roger B. Hertz, Deceased, Petitioner v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
No. 09–70. Modern, Inc., et al., Petitioners v. St. Johns River Water
Management District, et al. Petition for writ of certiorari to the United
States Court of Appeals for the Eleventh Circuit denied.
No. 09–86. Michael H. Boulware, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Ninth Circuit denied.
No. 09–98. Wilmer Lee Scurlark, aka Bonay, Petitioner v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Eighth Circuit denied.
No. 09–102. Virginia, Petitioner v. Demetres Jerrod Rudolph. Peti
tion for writ of certiorari to the Supreme Court of Virginia denied.
No. 09–106. Isaac Pedernera, Petitioner v. Eric H. Holder, Jr., Attor
ney General. Petition for writ of certiorari to the United States Court
of Appeals for the Eleventh Circuit denied.
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tiorari to the United States Court of Appeals for the Second Circuit
denied. Justice Sotomayor took no part in the consideration or decision
of this petition.
No. 09–6600. Matthew Joseph Sikora, Jr., Petitioner v. Clandestine
Attackers/Assailants, et al. Motion of petitioner for leave to proceed
in forma pauperis denied, and petition for writ of certiorari to the
United States Court of Appeals for the Eighth Circuit dismissed. See
Rule 39.8. As petitioner has repeatedly abused this Court’s process,
the Clerk is directed not to accept any further petitions in noncriminal
matters from petitioner unless the docketing fee required by Rule 38(a)
is paid and petition submitted in compliance with Rule 33.1. See Martin
v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per cu
riam). Justice Stevens dissents. See id., at 4, and cases cited therein.
No. 09–6609. Echo W. Dixon, Petitioner v. Leroy Grant, et al. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Second Circuit denied. Justice Sotomayor took no part in the con
sideration or decision of this petition.
No. 09–6645. Percy Allen Williams, Jr., Petitioner v. Robert Jones,
Superintendent, Hyde Correctional Institution. Petition for writ of cer
tiorari before judgment to the United States Court of Appeals for the
Fourth Circuit denied.
No. 09–6686. William Baumer, Petitioner v. Matthew Cate, Secre
tary, California Department of Corrections and Rehabilitation. Motion
of petitioner for leave to proceed in forma pauperis denied, and peti
tion for writ of certiorari to the United States Court of Appeals for
the Ninth Circuit dismissed. See Rule 39.8.
No. 09–6697. Benny R. Smith, Petitioner v. David R. McKune. Mo
tion of petitioner for leave to proceed in forma pauperis denied, and
petition for writ of certiorari to the United States Court of Appeals
for the Tenth Circuit dismissed. See Rule 39.8.
No. 09–6721. Franz A. Wakefield, Petitioner v. Walt Disney Com
pany, et al. Motion of petitioner for leave to proceed in forma pauperis
denied, and petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit dismissed. See Rule 39.8. Justice Alito
took no part in the consideration or decision of this motion and this
petition.
No. 09–6738. Larry Vernon Jones, Petitioner v. L. E. Scribner, War
den, et al. Petition for writ of certiorari before judgment to the United
States Court of Appeals for the Ninth Circuit denied.
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Mandamus Denied
No. 09–351. In Re Jeffrey S. Pesarik, Petitioner; and
No. 09–7229. In Re Barry J. Walshe, Petitioner. Petitions for writs
of mandamus denied.
No. 09–7050. In Re Oscar Dantzler, Petitioner. Petition for writ of
mandamus and/or prohibition denied.
Rehearings Denied
No. 08–1172. Joseph P. Nacchio, Petitioner v. United States;
No. 08–1348. Donald Eugene Railsback, Petitioner v. Washington;
No. 08–1421. Richard A. Van Auken, Petitioner v. Catron, Catron &
Pottow, P.A., et al.;
No. 08–1485. Carolyn Brown, Deloise Fikes, and James Russell, Peti
tioners v. One Beacon Insurance Company, Inc.;
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Marrano
Bergin
Mark William Gibbons Carson City, NV Douglas R. Shaw
D. Randall Gilmer Trenton, MI Edwina Clifton
Rogers
Christina Finzel Gomez Denver, CO Stephen
Masciocchi
William John Grant Inverness, FL Milan Bo
Samargya
Gay Gueringer San Antonio, TX Sheldon Edward
Richie
Jennifer Renee Haymes Alexandria, VA Paul W. Layer
Robert W. Helm Washington, DC Paul Howard
Friedman
James J. Helminski Grand Rapids, MI Donald L. Petrulis
Daniel G. Hempey Lihue, HI Paul Francois
DeMeester
Robert J. Herrington Los Angeles, CA Lance A.
Etcheverry
Sharon Anne Hicks Columbus, OH Melissa Jo Callais
Mark Andrew Hirsch Albuquerque, NM J. Brent Ricks
Elizabeth Brady Hitt Miami, FL Benedict P.
Kuehne
David Ryan Herring Tyler, TX Robert Scott
Iglesias Davis
Diana Nickerson Jacobs Pittsburgh, PA David Bennet
Rodes
Jeremy L. Johnson Minneapolis, MN Aaron F. Biber
John C. Kairis Wilmington, DE James Richard
Banko
Tracey Kitzman New York, NY Mark Reinhardt
Francis H. Koh Bethesda, MD Deane A. Shure
Andrew N. Krinsky New York, NY Steven Troup
Robin H. Kyle Detroit, MI Kenneth N.
Hylton, Sr.
Gregory Wayne Laird Oklahoma City, Robert Alan
OK Ravitz
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Oral Arguments
No. 08–304. Graham County Soil and Water Conservation District,
et al., Petitioners v. United States, ex rel. Karen T. Wilson. Argued by
Mr. Solicitor General Christopher G. Browning, Jr. for the petitioners,
by Mr. Mark T. Hurt for the respondent, and by Mr. Douglas Hallward-
Driemeier for the United States as amicus curiae, by special leave of
the Court, supporting the respondent.
No. 08–905. Merck & Co., Inc., et al., Petitioners v. Richard Reyn
olds, et al. Argued by Mr. Kannon K. Shanmugam for the petitioners,
by Mr. David C. Frederick for the respondents, and by Mr. Malcolm L.
Stewart for the United States as amicus curiae, by special leave of
the Court, supporting the respondents.
Lagonia
Oral Arguments
No. 08–1119. Milavetz, Gallop & Milavetz, P.A., et al., Petitioners v.
United States; and
No. 08–1225. United States, Petitioner v. Milavetz, Gallop & Mila
vetz, P.A., et al. Argued by Mr. G. Eric Brunstad, Jr. for Milavetz,
Gallop & Milavetz, P.A., et al. and by Mr. William M. Jay for the
United States.
No. 08–1134. United Student Aid Funds, Inc., Petitioner v. Francisco
J. Espinosa. Argued by Ms. Madeleine C. Wanslee for the petitioner,
by Mr. Toby J. Heytens for the United States as amicus curiae, by
special leave of the Court, supporting the petitioner, and by
Mr. Michael J. Meehan for the respondent.
Oral Argument
No. 08–1151. Stop the Beach Renourishment, Inc., Petitioner v. Flor
ida Department of Environmental Protection, et al. Argued by Mr. D.
Kent Safriet for the petitioner, by Mr. Solicitor General Scott D. Makar
for the respondents, and by Mr. Edwin S. Kneedler for the United
States as amicus curiae, by special leave of the Court, supporting
the respondents.
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Certiorari Denied
No. 09–7839 (09A521). Cecil C. Johnson, Petitioner v. Phil Brede
sen, Governor of Tennessee, et al. On application for stay and petition
for writ of certiorari to the United States Court of Appeals for the
Sixth Circuit. Application for stay of execution of sentence of death
presented to Justice Stevens and by him referred to the Court denied.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied. Statement by Justice Stevens, with whom
Justice Breyer joins, respecting the denial of the petition for writ of
certiorari. Statement by Justice Thomas, concurring in the denial of
the petition for writ of certiorari.
JNL09$1203—12-07-09 20:04:39 JOURNAPGT MILES
Certiorari Denied
No. 09–7879 (09A533). Bobby Wayne Woods, Petitioner v. Texas.
Application for stay of execution of sentence of death presented to
Justice Scalia and by him referred to the Court denied. Petition for
writ of certiorari to the Court of Criminal Appeals of Texas denied.
Justice Sotomayor would grant the application for stay of execution.
Certiorari Denied
No. 09–7880 (09A535). Bobby Wayne Woods, Petitioner v. Brad Liv
ingston, Executive Director, Texas Department of Criminal Justice.
Application for stay of execution of sentence of death presented to
Justice Scalia and by him referred to the Court denied. Petition for
writ of certiorari to the United States Court of Appeals for the Fifth
Circuit denied.
JNL09$1207—12-16-09 15:05:26 JOURNAPGT MILES
Certiorari Granted
No. 08–1371. Christian Legal Society Chapter of the University of
California, Hastings College of the Law, aka Hastings Christian Fel
lowship, Petitioner v. Leo P. Martinez, et al. Petition for writ of certio
rari to the United States Court of Appeals for the Ninth Circuit
granted.
No. 09–6338. Percy Dillon, 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 Third
Circuit granted.
Certiorari Denied
No. 08–10760. Willie J. Mouling, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
District of Columbia Circuit denied.
No. 09–270. Michael Burnell Marley, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
No. 09–341. Anthony D’Aria, Petitioner v. Joseph Glass, et al.; and
No. 09–410. Marty Evans, Petitioner v. Joseph Glass, et al. Petitions
for writs of certiorari to the United States Court of Appeals for the
Ninth Circuit denied.
No. 09–396. Jalana Hudson, Petitioner v. Georgia. Petition for writ
of certiorari to the Court of Appeals of Georgia denied.
No. 09–397. Andre S. Henley, Petitioner v. Georgia. Petition for writ
of certiorari to the Supreme Court of Georgia denied.
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Mandamus Denied
No. 09–6857. In Re Webster Bivens, Petitioner. Petition for writ of
mandamus denied.
No. 09–6854. In Re Ralph Oyague, Petitioner. Petition for writ of
mandamus denied. Justice Sotomayor took no part in the consideration
or decision of this petition.
Rehearings Denied
No. 08–1389. John Prelesnik, Warden, Petitioner v. Chamar Avery;
No. 08–10085. William Roger McNeill, Petitioner v. Preston
Goff, Jr., Warden;
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Oral Arguments
No. 08–861. Free Enterprise Fund and Beckstead and Watts, LLP,
Petitioners v. Public Company Accounting Oversight Board, et al. Ar
gued by Mr. Michael A. Carvin for the petitioners, by Ms. Solicitor
General Elena Kagan for respondent United States, and by Mr. Jeffrey
A. Lamken for respondents Public Company Accounting Oversight
Board, et al.
No. 08–1175. Florida, Petitioner v. Kevin Dewayne Powell. Argued
by Mr. Joseph W. Jacquot for the petitioner, by Mr. David O’Neil for
the United States as amicus curiae, by special leave of the Court,
supporting the petitioner, and by Ms. Deborah K. Brueckheimer for
the respondent.
Certiorari Denied
No. 09–7908 (09A543). Kenneth Biros, Petitioner v. Ted Strickland,
Governor of Ohio, et al. Application for stay of execution of sentence
of death presented to Justice Stevens and by him referred to the Court
denied. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
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Opinions
No. 08–678. Mohawk Industries, Inc., Petitioner v. Norman Carpen
ter. On writ of certiorari to the United States Court of Appeals for the
Eleventh Circuit. Judgment affirmed. Opinion by Justice Sotomayor.
Opinion by Justice Thomas, concurring in part and concurring in the
judgment.
No. 08–351. Anita Alvarez, Cook County State’s Attorney, Petitioner
v. Chermane Smith, et al. On writ of certiorari to the United States
Court of Appeals for the Seventh Circuit. Judgment vacated, and case
remanded to the United States Court of Appeals for the Seventh Cir
cuit with instructions to dismiss. Opinion by Justice Breyer. Opinion
by Justice Stevens, concurring in part and dissenting in part.
No. 08–604. Union Pacific Railroad Company, Petitioner v. Brother
hood of Locomotive Engineers and Trainmen General Committee of
Adjustment, Central Region. On writ of certiorari to the United States
Court of Appeals for the Seventh Circuit. Judgment affirmed. Opinion
by Justice Ginsburg.
No. 08–992. Jeffrey A. Beard, Secretary, Pennsylvania Department
of Corrections, et al., Petitioners v. Joseph J. Kindler. On writ of certio
rari to United States Court of Appeals for the Third Circuit. Judgment
vacated, and case remanded to the United States Court of Appeals for
the Third Circuit for further proceedings consistent with the opinion
of this Court. Opinion by The Chief Justice. Concurring opinion by
Justice Kennedy, with whom Justice Thomas joins. Justice Alito took
no part in the consideration or decision of this case.
Oral Arguments
Certiorari Denied
Oral Argument
No. 08–1198. Stolt-Nielsen S.A., et al., Petitioners v. AnimalFeeds
International Corp. Argued by Mr. Seth P. Waxman for the petitioners
and by Ms. Cornelia T.L. Pillard for the respondent. Justice Soto
mayor recused.
Certiorari—Summary Disposition
No. 09–285. Indiana State Police Pension Trust, et al., Petitioners v.
Chrysler LLC, et al. On petition for writ of certiorari to the United
States Court of Appeals for the Second Circuit. Motion of Washington
Legal Foundation, et al. for leave to file a brief as amici curiae
granted. Petition for writ of certiorari granted. Judgment vacated, and
case remanded to the United States Court of Appeals for the Second
Circuit with instructions to dismiss the appeal as moot. See United
States v. Munsingwear, Inc., 340 U. S. 36 (1950).
Certiorari Denied
No. 08–1472. USA Mobility Wireless, Inc., Petitioner v. Jerilyn
Quon, et al. Petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit denied.
No. 08–10252. Dustin Lee Honken, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Eighth Circuit denied.
No. 09–157. Jinghai Li, Petitioner v. Eric H. Holder, Jr., Attorney
General. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 09–227. Shafiq Rasul, et al., Petitioners v. Richard Myers, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the District of Columbia Circuit denied.
No. 09–244. United States, Petitioner v. Mikola Bowden. Petition for
writ of certiorari to the United States Court of Appeals for the Elev
enth Circuit denied.
No. 09–259. Metro Lights, L.L.C., Petitioner v. City of Los Angeles,
California. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 09–274. Charles L. Ryan, Director, Arizona Department of Cor
rections, Petitioner v. Roger Mark Scott. Petition for writ of certiorari
to the United States Court of Appeals for the Ninth Circuit denied.
No. 09–301. Common Cause of Pennsylvania, et al., Petitioners v.
Pennsylvania, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Third Circuit denied.
No. 09–309. Time Warner Telecom of Oregon, LLC, Petitioner v.
City of Portland, Oregon, et al. Petition for writ of certiorari to the
United States Court of Appeals for the Ninth Circuit denied.
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for the Second Circuit denied. Justice Sotomayor took no part in the
consideration or decision of this petition.
Rehearings Denied
No. 08–10439. Adegbenga Tito Ijadimini, Petitioner v. Rick Thaler,
Director, Texas Department of Criminal Justice, Correctional Institu
tions Division;
No. 08–10552. Donald Jones, Petitioner v. Google, Inc., et al.;
No. 08–10588. James Samuel Kor, Jr., Petitioner v. Tom Felker,
Warden;
No. 08–10629. Lee Roy Brown, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions
Division;
No. 08–10739. Mondric Bradley, Petitioner v. Mississippi;
No. 08–10752. Carlos Salazar Lopez, aka Carlos Salazar, Petitioner
v. United States;
No. 08–10759. In Re James Renwick Manship, Petitioner;
No. 08–10780. John Jay Dittrich, Petitioner v. Walter A. McNeil,
Secretary, Florida Department of Corrections, et al.;
No. 08–10839. Joe Richard Randle, Jr., Petitioner v. D. Woods;
No. 08–10922. Marilyn Fischer Lynch, Petitioner v. John Hertzig,
et al.;
No. 08–11033. Richard L. Johnson, Petitioner v. Florida;
No. 08–11070. In Re Pierre-Richard Augustin, Petitioner;
No. 08–11112. Blondell F. Mitchell, Petitioner v. KDJM-FM, et al.;
No. 08–11141. Yvonne Thomas, Petitioner v. St. Louis Board of Po
lice Commissioners, et al.;
No. 09–112. Angel Ruiz Rivera, et al., Petitioners v. Department of
Education, et al.;
No. 09–121. Gene Hoy, Petitioner v. Mentor Township, Michigan;
No. 09–318. Terrance Morris, et al., Petitioners v. Jarrett Lanpher,
et al.;
No. 09–5039. Robert Dillard, Petitioner v. E. Richard Bazzle,
Warden;
No. 09–5061. Said Abdullah Hakim, Petitioner v. Sandra F. Thomas,
Superintendent, Lumberton Correctional Institution;
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Glasser
Garland
James Edward Dorman Avon Lake, OH Lisa A. Locke
Graves
Gene J. Esshaki Detroit, MI Steven A. Wright
Kevin S. Golden San Francisco, CA George Andreas
Kimbrell
Pleicones
Certiorari Granted
No. 09–367. Brian Russell Dolan, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Tenth Circuit granted.
JNL09$0111—01-26-10 15:25:27 JOURNAPGT MILES
Certiorari Denied
No. 08–1462. Margaret York, William Nash, and Victor Turner, Peti
tioners v. Richard Robinson. Petition for writ of certiorari to the
United States Court of Appeals for the Ninth Circuit denied.
No. 08–1571. Steve Cooley, et al., Petitioners v. David Eng. Petition
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit denied.
No. 08–10679. Daniel Johnson, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions Divi
sion. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
No. 09–142. Geoffrey Nels Fieger, Petitioner v. Supreme Court of
Michigan, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
No. 09–194. Francoise Anate Gomis, Petitioner v. Eric H. Holder, Jr.,
Attorney General. Petition for writ of certiorari to the United States
Court of Appeals for the Fourth Circuit denied.
No. 09–229. Abdul H. Khan, et al., Petitioners v. Eric H. Holder, Jr.,
Attorney General. Petition for writ of certiorari to the United States
Court of Appeals for the Seventh Circuit denied.
No. 09–239. Josh A. Allen, Petitioner v. Montana. Petition for writ
of certiorari to the Supreme Court of Montana denied.
No. 09–252. John Gerard Quinn, Petitioner v. John Roach, et al. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Fifth Circuit denied.
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No. 09–477. Elaine Spencer Marr and Elliott Paul Moore, Petition
ers v. Larry H. Hughes, et al. Petition for writ of certiorari to the
United States Court of Appeals for the Tenth Circuit denied.
No. 09–482. Jason Hollady, Petitioner v. Michigan, et al. Petition for
writ of certiorari to the United States Court of Appeals for the Sixth
Circuit denied.
No. 09–483. Koninklijke Boskalis Westminster NV, et al., Petitioners
v. Compania Naviera Joanna SA, et al. Petition for writ of certiorari to
the United States Court of Appeals for the Fourth Circuit denied.
No. 09–485. George Grisham, Petitioner v. Marilyn S. Brooks, Super
intendent, Albion State Correctional Institution, et al. Petition for writ
of certiorari to the United States Court of Appeals for the Third Cir
cuit denied.
No. 09–487. Arkansas Dairy Cooperative Association, et al., Peti
tioners v. Department of Agriculture, et al. Petition for writ of certio
rari to the United States Court of Appeals for the District of Columbia
Circuit denied.
No. 09–501. David E. Danner, Petitioner v. Commission on Continu
ing Legal Education and Specialization of the Tennessee Supreme
Court, et al. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
No. 09–502. Victoria Giampa, Petitioner v. Charles Giampa. Petition
for writ of certiorari to the Supreme Court of Nevada denied.
No. 09–503. Michael A. Hense, Petitioner v. Yoko Hense. Petition for
writ of certiorari to the Court of Appeals of New York denied.
No. 09–505. 480.00 Acres of Land, et al., Petitioners v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Eleventh Circuit denied.
No. 09–506. The Children’s Fund, et al., Petitioners v. Springfield
Holding Company Ltd. LLC, et al. Petition for writ of certiorari to the
United States Court of Appeals for the Tenth Circuit denied.
No. 09–507. Hargis Industries, Inc., dba Sealtite Building Fasteners
and dba East Texas Fasteners, Petitioner v. B&B Hardware, Inc. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Eighth Circuit denied.
No. 09–509. Judy Jones, Petitioner v. Virginia Andrews Burdette.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
JNL09$0111—01-26-10 15:25:27 JOURNAPGT MILES
certiorari to the United States Court of Appeals for the Ninth Circuit
denied.
No. 09–7054. Ernest Howard, Sr., Petitioner v. Steve Upton, War
den. Petition for writ of certiorari to the Supreme Court of Georgia
denied.
No. 09–7056. Michael Shane Good, Petitioner v. Florida. Petition for
writ of certiorari to the District Court of Appeal of Florida, First Dis
trict, denied.
No. 09–7057. Jimmie T. Taylor, Petitioner v. Walter A. McNeil, Sec
retary, Florida Department of Corrections. Petition for writ of certio
rari to the United States Court of Appeals for the Eleventh Circuit
denied.
No. 09–7058. Mary Marie Tuley, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions Divi
sion. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
No. 09–7063. Richmond B. Taylor, Petitioner v. Barbara Sampson,
et al. Petition for writ of certiorari to the United States Court of Ap
peals for the Sixth Circuit denied.
No. 09–7082. Calvin Dwight Ware, Petitioner v. Shirlee Harry, War
den. Petition for writ of certiorari to the United States Court of Ap
peals for the Sixth Circuit denied.
No. 09–7086. Ricardo J. Calderon-Lopez, Petitioner v. Puerto Rico
Court of First Instance, San Juan Part, et al. Petition for writ of certio
rari to the United States Court of Appeals for the First Circuit denied.
No. 09–7087. Craig Bundrant, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions Divi
sion. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
No. 09–7088. Dennis Michael Salerno, Petitioner v. Michigan. Peti
tion for writ of certiorari to the Court of Appeals of Michigan denied.
No. 09–7092. Samuel L. Pinkston, Petitioner v. Indiana. Petition for
writ of certiorari to the Court of Appeals of Indiana, Second District,
denied.
No. 09–7096. Shane Demarcus Lemons, Petitioner v. Burl Cain, War
den. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
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No. 09–7412. Alva Zane McGrath, Jr., Petitioner v. Rick Thaler, Di
rector, Texas Department of Criminal Justice, Correctional Institu
tions Division. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 09–7413. Nancy Lewis, Petitioner v. Burger King. Petition for
writ of certiorari to the United States Court of Appeals for the Tenth
Circuit denied.
No. 09–7415. James Lincoln Strong, Petitioner v. Pennsylvania. Peti
tion for writ of certiorari to the Superior Court of Pennsylvania, Har
risburg Office, denied.
No. 09–7426. Bryan Davis, Sr., Petitioner v. California Western
School of Law, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit denied.
No. 09–7448. Fernando Pena, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Third Circuit denied.
No. 09–7456. James Walton Hammond, Jr., Petitioner v. Alvin W.
Keller, Secretary, 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. 09–7458. Terry L. Garnto, Petitioner v. Patricia Mekusker, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Eleventh Circuit denied.
No. 09–7468. Anthony J. DeNoma, Petitioner v. Ohio. Petition for
writ of certiorari to the Court of Appeals of Ohio, Hamilton County,
denied.
No. 09–7469. Robert L. Cook, Jr., Petitioner v. Jeffrey A. Beard,
Secretary, Pennsylvania Department of Corrections, et al. Petition for
writ of certiorari to the United States Court of Appeals for the Third
Circuit denied.
No. 09–7483. Darnell Nowlin, Petitioner v. H. Dwight Hamrick, War
den. Petition for writ of certiorari to the United States Court of Ap
peals for the Eleventh Circuit denied.
No. 09–7484. Daniel Vasquez, Petitioner v. R. J. Kirkland, Warden.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
No. 09–7487. Carlos Mendoza, Petitioner v. Troy Steele, Warden.
Petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit denied.
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Attorney Discipline
No. D–2458. In the Matter of Leo P. DeMarco, II. Leo P. DeMarco, II,
of Malden, Massachusetts, having requested to resign as a member of
the Bar of this Court, it is ordered that his name be stricken from the
roll of attorneys permitted to the practice of law before this Court.
The Rule to Show Cause, issued on November 30, 2009, is discharged.
Opinion
No. 08–724. Keith Smith, Warden, Petitioner v. Frank G. Spisak, Jr.
On writ of certiorari to the United States Court of Appeals for the
Sixth Circuit. Judgment reversed. Opinion by Justice Breyer. Opinion
by Justice Stevens, concurring in part and concurring in the judgment.
Oral Arguments
No. 08–1224. United States, Petitioner v. Graydon Earl Comstock,
Jr., et al. Argued by Ms. Solicitor General Elena Kagan for the peti
tioner and by Mr. G. Alan Dubois for the respondents.
No. 08–645. Timothy Mark Cameron Abbott, Petitioner v. Jacquelyn
Vaye Abbott. Argued by Ms. Amy Howe for the petitioner, by
Ms. Ginger Anders for the United States as amicus curiae, by special
leave of the Court, supporting the petitioner, and by Mr. Karl E. Hays
for the respondent.
Order
IT IS ORDERED that the revised Rules of this Court, approved by
the Court and lodged with the Clerk, shall be effective February 16,
2010, and be printed as an appendix to the United States Reports.
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Certiorari Denied
No. 09–8394 (09A628). Gary Johnson, Petitioner v. Texas. Applica
tion for stay of execution of sentence of death presented to Justice
Scalia and by him referred to the Court denied. Petition for writ of
certiorari to the Court of Criminal Appeals of Texas denied.
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Oral Arguments
Certiorari Granted
No. 09–337. Wanda Krupski, Petitioner v. Costa Crociere S.p.A.
Petition for writ of certiorari to the United States Court of Appeals
for the Eleventh Circuit granted. Brief of petitioner to be filed on or
before Thursday, February 25, 2010. Brief of respondent to be filed on
or before Thursday, March 25, 2010. Reply brief, if any, to be filed in
accordance with Rule 25.3 of the Rules of this Court.
No. 09–448. Bridget Hardt, Petitioner v. Reliance Standard Life In
surance Company. Petition for writ of certiorari to the United States
Court of Appeals for the Fourth Circuit granted. Brief of petitioner to
be filed on or before Thursday, February 25, 2010. Brief of respondent
to be filed on or before Thursday, March 25, 2010. Reply brief, if any,
to be filed in accordance with Rule 25.3 of the Rules of this Court.
No. 09–497. Rent-A-Center, West, Inc., Petitioner v. Antonio Jack
son. Petition for writ of certiorari to the United States Court of Ap
peals for the Ninth Circuit granted. Brief of petitioner to be filed on
or before Thursday, February 25, 2010. Brief of respondent to be filed
on or before Thursday, March 25, 2010. Reply brief, if any, to be filed
in accordance with Rule 25.3 of the Rules of this Court.
No. 09–559. John Doe #1, et al., Petitioners v. Sam Reed, Washington
Secretary of State, et al. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit granted. Brief of peti
tioners to be filed on or before Thursday, February 25, 2010. Brief of
respondents to be filed on or before Thursday, March 25, 2010. Reply
brief, if any, to be filed in accordance with Rule 25.3 of the Rules of
this Court.
No. 09–475. Monsanto Company, et al., Petitioners v. Geertson Seed
Farms, et al. Petition for writ of certiorari to the United States Court
of Appeals for the Ninth Circuit granted. Brief of petitioners to be filed
on or before Thursday, February 25, 2010. Brief of respondents to be
filed on or before Thursday, March 25, 2010. Reply brief, if any, to be
filed in accordance with Rule 25.3 of the Rules of this Court. Justice
Breyer took no part in the consideration or decision of this petition.
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Appeals—Summary Disposition
Certiorari—Summary Dispositions
Certiorari Denied
No. 08–11060. Frank L. Ferguson, Petitioner v. West Virginia. Peti
tion for writ of certiorari to the Circuit Court of West Virginia, Ka
nawha County, denied.
No. 09–197. Kimco of Evansville, Inc., nka KCH Acquisition, Inc.,
et al., Petitioners v. Indiana. Petition for writ of certiorari to the Su
preme Court of Indiana denied.
No. 09–224. Stanley R. Nickels, Petitioner v. Grand Trunk Western
Railroad, Inc. Petition for writ of certiorari to the United States Court
of Appeals for the Sixth Circuit denied.
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Mandamus Denied
No. 09–7455. In Re Darrel Lee Wilber, Petitioner. Petition for writ
of mandamus denied.
No. 09–7492. In Re Rayshon Thomas, Petitioner. Petition for writ of
mandamus and/or prohibition denied.
Rehearings Denied
No. 08–10000. Rose Huff, Petitioner v. Kentucky Retirement
Systems;
No. 08–10781. Antonio Andrade Calles, Petitioner v. Domingo
Uribe, Jr., Warden;
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Long, Jr.
Bell, Jr.
Opinions
Oral Arguments
No. 08–1402. Mary Berghuis, Warden, Petitioner v. Diapolis Smith.
Argued by Mr. Solicitor General B. Eric Restuccia for the petitioner
and by Mr. James Sterling Lawrence for the respondent.
No. 08–810. Sally L. Conkright, et al., Petitioners v. Paul J. From
mert, et al. Argued by Mr. Robert A. Long, Jr. for the petitioners, by
Mr. Peter K. Stris for the respondents, and by Mr. Matthew D. Roberts
for the United States as amicus curiae, by special leave of the Court,
supporting the respondents.
Opinion
No. 08–205. Citizens United, Appellant v. Federal Election Commis
sion. Appeal from the United States District Court for the District of
Columbia. Judgment reversed with respect to the constitutionality of
2 U. S. C. § 441b’s restrictions on corporate independent expenditures.
Judgment affirmed with respect to BCRA’s disclaimer and disclosure
requirements. Case remanded to the United States District Court for
the District of Columbia for further proceedings consistent with the
opinion of this Court. Opinion by Justice Kennedy. Concurring opinion
by The Chief Justice, with whom Justice Alito joins. Concurring opin
ion by Justice Scalia, with whom Justice Alito joins, and with whom
Justice Thomas joins in part. Opinion announced by Justice Stevens,
with whom Justice Ginsburg, Justice Breyer, and Justice Sotomayor
join, concurring in part and dissenting in part. Opinion by Justice
Thomas, concurring in part and dissenting in part.
Certiorari—Summary Dispositions
tions, et al. Petition for writ of certiorari to the United States Court
of Appeals for the Eleventh Circuit denied.
No. 09–5407. Melbert Ray Ford, Petitioner v. Hilton Hall, Warden.
Petition for writ of certiorari to the United States Court of Appeals
for the Eleventh Circuit denied.
No. 09–6034. Joseph Messer, Petitioner v. David L. Runnels, War
den, et al. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 09–6125. John Harrell, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Ninth
Circuit denied.
No. 09–6429. Will Moses Palmer, Petitioner v. M. Valdez, et al. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Ninth Circuit denied.
No. 09–6795. N. L. W., Petitioner v. Colorado. Petition for writ of
certiorari to the Court of Appeals of Colorado denied.
No. 09–6907. Maurice Taft Gibson, aka Mo, Petitioner v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit denied.
No. 09–7012. Larry Hatten, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions Divi
sion. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
No. 09–7158. James L. Patterson, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Seventh Circuit denied.
No. 09–7172. Kathalina Monacelli, Petitioner v. Fifth Third Bank,
et al. Petition for writ of certiorari to the United States Court of Ap
peals for the Eleventh Circuit denied.
No. 09–7276. Raymond Sneed, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Fifth Circuit denied.
No. 09–7428. Richard Wade Farley, Petitioner v. California. Petition
for writ of certiorari to the Supreme Court of California denied.
No. 09–7624. Pamela J. Smith, Petitioner v. Tennessee. Petition for
writ of certiorari to the Court of Criminal Appeals of Tennessee, East
ern Division, denied.
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peals for the Second Circuit denied. Justice Sotomayor took no part in
the consideration or decision of this petition.
No. 09–7754. Laurie Marie Laskey, Petitioner v. Intel Corporation.
Petition for writ of certiorari to the Court of Appeal of California,
First Appellate District, denied. The Chief Justice took no part in the
consideration or decision of this petition.
No. 09–7767. H. Patrick Barclay, Petitioner v. New York, et al. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Second Circuit denied. Justice Sotomayor took no part in the con
sideration or decision of this petition.
No. 09–8021. James White, Petitioner v. James McGrady, Super
intendent, State Correctional Institution at Retreat, et al. Motion of
petitioner to defer consideration of the petition for writ of certiorari
denied. Petition for writ of certiorari to the United States Court of
Appeals for the Third Circuit denied.
No. 09–8085. Jaime Enrique Romero-Padilla, Petitioner v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Second Circuit denied. Justice Sotomayor took no part
in the consideration or decision of this petition.
No. 09–8094. Richard Vieux, Petitioner v. United States. Motion of
petitioner for leave to proceed in forma pauperis denied, and petition
for writ of certiorari to the United States Court of Appeals for the
Eleventh Circuit dismissed. See Rule 39.8.
No. 09–8125. Sharief Russell, aka Lucky, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied. Justice Sotomayor took no part in the
consideration or decision of this petition.
No. 09–8186. Mark Nicholas Smith, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Second Circuit denied. Justice Sotomayor took no part in the con
sideration or decision of this petition.
Mandamus Denied
No. 09–8031. In Re Jennifer Norton, Petitioner; and
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Rehearings Denied
No. 09–331. Vera C. Harper, Individually and as Personal Repre
sentative of the Estate of Wilson Clark Harper, Deceased, and David
A. Harper, Petitioners v. United Services Automobile Association,
et al.;
No. 09–496. James A. Brown, Petitioner v. United States;
No. 09–5144. Billy Ray Risley, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions
Division;
No. 09–5515. Darlene R. Quinn, Petitioner v. United States;
No. 09–6397. Alfreda Christian, Petitioner v. California, et al.;
No. 09–6488. Keith Russell Judd, Petitioner v. New Mexico;
No. 09–6593. Tyrone Smith, Petitioner v. United States;
No. 09–6594. Gordon Todd Skinner, Petitioner v. Oklahoma;
No. 09–6617. Gary Nitschke, Petitioner v. Coastal Tank Cleaning,
et al.;
No. 09–6674. Kevin Millen, Petitioner v. Florida;
No. 09–6694. Darnell Eugene Ross, Petitioner v. Virginia;
No. 09–6772. Valerie M. Fobbs, Petitioner v. John E. Potter, Post
master General;
No. 09–6806. Harry L. McCall, Petitioner v. H. G. Crosthwait, et al.;
No. 09–6862. Albert R. Kuperman, Petitioner v. Richard M. Gerry,
Warden;
No. 09–6893. Wayne Ernest Barker, Petitioner v. Texas;
No. 09–7050. In Re Oscar Dantzler, Petitioner;
No. 09–7229. In Re Barry J. Walshe, Petitioner;
No. 09–7337. Donnie Johnson, Petitioner v. United States; and
No. 09–7346. Michael Andre Bryant, Petitioner v. United States. Pe
titions for rehearing denied.
Certiorari Denied
No. 09–8937 (09A728). Mark Brown, Petitioner v. Ted Strickland,
Governor of Ohio, et al. Application for stay of execution of sentence
of death presented to Justice Stevens and by him referred to the Court
denied. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
Certiorari Denied
No. 09–8938 (09A729). Mark Brown, Petitioner v. Ohio. Application
for stay of execution of sentence of death presented to Justice Stevens
and by him referred to the Court denied. Petition for writ of certiorari
to the Supreme Court of Ohio denied.
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Certiorari Denied
No. 09–8975 (09A739). Martin Edward Grossman, Petitioner v.
Florida. Application for stay of execution of sentence of death pre
sented to Justice Thomas and by him referred to the Court denied.
Petition for writ of certiorari to the Supreme Court of Florida denied.
Certiorari Granted
No. 09–350. Los Angeles County, California, Petitioner v. Craig Ar
thur Humphries, et ux. Petition for writ of certiorari to the United
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Mandamus Denied
No. 09–7885. In Re Barry N. Waddell, Petitioner;
No. 09–7982. In Re Lorenzo Townsend, Petitioner; and
No. 09–8198. In Re Alfredo Masis Sancho, Petitioner. Petitions for
writs of mandamus denied.
No. 09–8014. In Re Charles Willy Alpine, Petitioner. Motion of peti
tioner for leave to proceed in forma pauperis denied, and petition for
writ of mandamus and/or prohibition dismissed. See Rule 39.8. As peti
tioner has repeatedly abused this Court’s process, the Clerk is directed
not to accept any further petitions in noncriminal matters from peti
tioner unless the docketing fee required by Rule 38(a) is paid and peti
tion submitted in compliance with Rule 33.1. See Martin v. District of
Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam). Justice
Stevens dissents. See id., at 4, and cases cited therein.
Rehearings Denied
No. 08–1472. USA Mobility Wireless, Inc., Petitioner v. Jerilyn
Quon, et al.;
No. 08–10404. James R. Fultz, Petitioner v. State Farm Mutual Au
tomobile Insurance Company;
No. 08–10506. Regina Darlene Garrett, Petitioner v. Mississippi;
No. 09–325. Alexandre Aronov, Petitioner v. Janet Napolitano, Sec
retary of Homeland Security, et al.;
No. 09–405. United States, ex rel. Bruce Darian, Petitioner v. Accent
Builders, Inc., et al.;
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Freifeld
Steiner
Oral Arguments
No. 08–1322. Michael J. Astrue, Commissioner of Social Security,
Petitioner v. Catherine G. Ratliff. Argued by Mr. Anthony Yang for the
petitioner and by Mr. James D. Leach for the respondent.
No. 08–974. Arthur L. Lewis, Jr., et al., Petitioners v. City of Chi
cago, Illinois. Argued by Mr. John A. Payton for the petitioners, by
Mr. Neal K. Katyal for the United States as amicus curiae, by special
leave of the Court, supporting the petitioners, and by Ms. Benna Ruth
Solomon for the respondent.
Oral Arguments
No. 08–1498. Eric H. Holder, Jr., Attorney General, et al., Petition
ers v. Humanitarian Law Project, et al.; and
No. 09–89. Humanitarian Law Project, et al., Petitioners v. Eric H.
Holder, Jr., Attorney General, et al. Argued by Mr. David D. Cole for
the petitioners in 09–89, and by Ms. Solicitor General Elena Kagan for
the petitioners in 08–1498.
No. 08–1569. United States, Petitioner v. Martin O’Brien and Arthur
Burgess. Argued by Mr. Benjamin Horwich for the petitioner and by
Mr. Jeffrey L. Fisher for the respondents.
Opinion
No. 08–680. Maryland, Petitioner v. Michael Blaine Shatzer, Sr. On
writ of certiorari to the Court of Appeals of Maryland. Judgment re
versed, and case remanded to the Court of Appeals of Maryland for
further proceedings not inconsistent with the opinion of this Court.
Opinion by Justice Scalia. Opinion by Justice Thomas, concurring in
part and concurring in the judgment. Opinion by Justice Stevens, con
curring in the judgment.
Oral Arguments
No. 08–1301. Thomas Carr, Petitioner v. United States. Argued by
Mr. Charles A. Rothfeld for the petitioner and by Mr. Curtis E. Gannon
for the respondent.
No. 08–1341. United States, Petitioner v. Glenn Marcus. Argued by
Mr. Eric D. Miller for the petitioner and by Mr. Herald Price Fahringer
for the respondent. Justice Sotomayor recused.
Certiorari—Summary Dispositions
Certiorari Granted
No. 09–150. Michigan, Petitioner v. Richard Perry Bryant. Motion of
respondent for leave to proceed in forma pauperis granted. Petition
for writ of certiorari to the Supreme Court of Michigan granted.
Certiorari Denied
No. 08–1458. Missouri Gas Energy, Petitioner v. Monica Schmidt,
Woods County, Oklahoma Assessor. Petition for writ of certiorari to
the Supreme Court of Oklahoma denied.
No. 09–293. Modesto Ozuna, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Seventh
Circuit denied.
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tions Division. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 09–8138. Reginald Johnson, Petitioner v. Pennsylvania. Petition
for writ of certiorari to the Supreme Court of Pennsylvania, Middle
District, denied.
No. 09–8139. Bruce Monroe Greer, Petitioner v. Cynthia Nelson,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Eleventh Circuit denied.
No. 09–8140. Mark Rene Flores, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions Divi
sion. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
No. 09–8143. Manuel Joseph Hernandez, Petitioner v. Rick Thaler,
Director, Texas Department of Criminal Justice, Correctional Institu
tions Division. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 09–8145. Kenneth B. Malpass, Petitioner v. Judith C. Powelson.
Petition for writ of certiorari to the Court of Appeals of Colorado
denied.
No. 09–8146. George P. Minter, Petitioner v. Indiana. Petition for
writ of certiorari to the Court of Appeals of Indiana, First District,
denied.
No. 09–8149. Toney Cole, Petitioner v. Illinois. Petition for writ of
certiorari to the Appellate Court of Illinois, First District, denied.
No. 09–8150. Bobby Joe Davis, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions Divi
sion. Petition for writ of certiorari to the United States Court of Ap
peals for the Fifth Circuit denied.
No. 09–8152. Allen Fitzgerald Calton, Petitioner v. Rick Thaler, Di
rector, Texas Department of Criminal Justice, Correctional Institu
tions Division. Petition for writ of certiorari to the United States Court
of Appeals for the Fifth Circuit denied.
No. 09–8155. Broderick White, Petitioner v. State Farm Insurance
Company. Petition for writ of certiorari to the United States Court of
Appeals for the Seventh Circuit denied.
No. 09–8156. Kenneth Lee Weinberg, Petitioner v. Florida. Petition
for writ of certiorari to the District Court of Appeal of Florida, First
District, denied.
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Mandamus Denied
No. 09–8154. In Re James Dean Taylor, Petitioner; and
No. 09–8793. In Re Raymond Bruce Belton, Petitioner. Petitions for
writs of mandamus denied.
Rehearings Denied
No. 09–472. Wanda Spann, et vir, Petitioners v. Cobb County Supe
rior Court Judges, et al.;
No. 09–6043. Kelvin Levoid Smith, aka Frog, Petitioner v. United
States;
No. 09–6811. Linell Leonard Dumas, Jr., Petitioner v. R. K. Wong,
Warden;
No. 09–6995. Richard Paul Riggins, Petitioner v. Texas;
No. 09–7170. Nelson Carmona, Petitioner v. Michael J. Astrue, Com
missioner of Social Security;
No. 09–7258. In Re Andrew Eugene Newman, Petitioner;
No. 09–7357. Janice L. Schrader, Petitioner v. Robert F. Turner,
et al.;
No. 09–7426. Bryan Davis, Sr., Petitioner v. California Western
School of Law, et al.; and
No. 09–7523. Douglas B. Watson, Petitioner v. United States. Peti
tions for rehearing denied.
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Attorney Discipline
Oral Arguments
No. 08–1470. Mary Berghuis, Warden, Petitioner v. Van Chester
Thompkins. Argued by Mr. Solicitor General B. Eric Restuccia for the
petitioner, by Ms. Nicole A. Saharsky for the United States as amicus
curiae, by special leave of the Court, supporting the petitioner, and by
Ms. Elizabeth L. Jacobs for the respondent.
No. 09–5327. Albert Holland, Petitioner v. Florida. Argued by
Mr. Todd G. Scher, appointed by this Court, for the petitioner, and by
Mr. Solicitor General Scott D. Makar for the respondent.
No. 08–1394. Jeffrey K. Skilling, Petitioner v. United States. Argued
by Mr. Sri Srinivasan for the petitioner and by Mr. Michael R. Dreeben
for the respondent.
Opinions
No. 08–240. Mac’s Shell Service, Inc., et al., Petitioners v. Shell Oil
Products Company LLC, et al.; and
No. 08–372. Shell Oil Products Company LLC, et al., Petitioners v.
Mac’s Shell Service, Inc., et al. On writs of certiorari to the United
States Court of Appeals for the First Circuit. Judgment reversed in
part and affirmed in part. The cases are remanded to the United States
Court of Appeals for the First Circuit for further proceedings consist
ent with the opinion of this Court. Opinion by Justice Alito.
No. 08–103. Reed Elsevier, Inc., et al., Petitioners v. Irvin Muchnick,
et al. On writ of certiorari to the United States Court of Appeals for
the Second Circuit. Judgment reversed, and case remanded to the
United States Court of Appeals for the Second Circuit for further pro
ceedings consistent with the opinion of this Court. Opinion by Justice
Thomas. Opinion by Justice Ginsburg, with whom Justice Stevens and
Justice Breyer join, concurring in part and concurring in the judgment.
Justice Sotomayor took no part in the consideration or decision of
this case.
No. 08–6925. Curtis Darnell Johnson, Petitioner v. United States.
On writ of certiorari to the United States Court of Appeals for the
Eleventh Circuit. Judgment reversed, Johnson’s sentence set aside, and
case remanded to the United States Court of Appeals for the Eleventh
Circuit for further proceedings consistent with the opinion of this
Court. Opinion by Justice Scalia. Dissenting opinion by Justice Alito,
with whom Justice Thomas joins.
Oral Arguments
No. 08–1521. Otis McDonald, et al., Petitioners v. City of Chicago,
Illinois, et al. Argued by Mr. Alan Gura for the petitioners, by Mr. Paul
D. Clement for the respondents National Rifle Association, Inc., et al.
in support of the petitioners, and by Mr. James A. Feldman for the
respondents City of Chicago, Illinois, et al.
No. 08–1529. Esther Hui, et al., Petitioners v. Yanira Castaneda, as
Personal Representative of the Estate of Francisco Castaneda, et al.
Argued by Ms. Elaine J. Goldenberg for the petitioners, by Mr. Pratik
A. Shah for the United States as amicus curiae, by special leave of the
Court, supporting the petitioners, and by Mr. Conal Doyle for the
respondents.
Oral Argument
No. 08–1555. Mohamed Ali Samantar, Petitioner v. Bashe Abdi You
suf, et al. Argued by Mr. Shay Dvoretzky for the petitioner, by
Ms. Patricia A. Millett for the respondents, and by Mr. Edwin S.
Kneedler for the United States as amicus curiae, by special leave of
the Court, supporting the respondents.
Certiorari—Summary Dispositions
No. 08–9538. Donald Ray Harris, Petitioner v. United States. On
petition for writ of certiorari to the United States Court of Appeals for
the Eleventh 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 Elev
enth Circuit for further consideration in light of Johnson v. United
States, 559 U. S. ––– (2010).
No. 09–5135. Patrick Frederick Williams, Petitioner v. United
States. On petition for writ of certiorari to the United States Court of
Appeals for the Eleventh Circuit. Motion of petitioner for leave to pro
ceed 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
Johnson v. United States, 559 U. S. ––– (2010).
No. 09–8866. William Oscar Harris, aka Oscar El Hari, Bey, Peti
tioner v. United States. Petition for writ of certiorari to the United
States Court of Appeals for the Third Circuit denied.
No. 09–8867. Archie R. Kenerson, Petitioner v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Seventh Circuit denied.
No. 09–8872. Devon Groves, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Seventh
Circuit denied.
No. 09–8875. Jacques Terrell Hayes, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Eleventh Circuit denied.
No. 09–8876. Kali A. Hill, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Fourth
Circuit denied.
No. 09–8878. Eric Genaro Pakas-Cardenas, Petitioner v. United
States. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 09–8880. Marcus Corson and Oscar Alvarez, Petitioners v.
United States. Petition for writ of certiorari to the United States Court
of Appeals for the Seventh Circuit denied.
No. 09–8881. Joe Castilleja, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Ninth
Circuit denied.
No. 09–8889. Oscar Villicana-Ibarra, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Third Circuit denied.
No. 09–8890. Charles Robert Barefoot, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Fourth Circuit denied.
No. 09–8897. Juan M. Perez Cardenas, Petitioner v. United States.
Petition for writ of certiorari to the United States Court of Appeals
for the Tenth Circuit denied.
No. 09–8899. Chris Coleman, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Eighth Circuit denied.
No. 09–8912. John Tibbs, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the First
Circuit denied.
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Mandamus Denied
No. 09–8479. In Re Carmon Warren, Petitioner. Petition for writ of
mandamus denied.
No. 09–8402. In Re Charles Willy Alpine, Petitioner. Motion of peti
tioner for leave to proceed in forma pauperis denied, and petition for
writ of mandamus and/or prohibition dismissed. See Rule 39.8.
Rehearings Denied
No. 09–509. Judy Jones, Petitioner v. Virginia Andrews Burdette;
No. 09–550. Joseph Fessler, et ux., Petitioners v. Kirk Sauer Commu
nity Development of Wilkes-Barre, et al.;
No. 09–667. Yiqing Feng, Petitioner v. Sabic Americas, Inc.;
No. 09–6241. Srinivas V. Vadde, Petitioner v. Georgia; and
No. 09–7761. Laurie Marie Laskey, Petitioner v. Vision Infosoft. Pe
titions for rehearing denied.
Opinions
No. 08–1119. Milavetz, Gallop & Milavetz, P.A., et al., Petitioners
v. United States; and
No. 08–1225. United States, Petitioner v. Milavetz, Gallop & Mila
vetz, P.A., et al. On writs of certiorari to the United States Court of
Appeals for the Eighth Circuit. Judgment affirmed as to §§ 101(12A)
and 528; and reversed as to § 526(a)(4), and the cases are remanded to
the United States Court of Appeals for the Eighth Circuit for further
proceedings consistent with the opinion of this Court. Opinion by Jus
tice Sotomayor. Opinion by Justice Scalia, concurring in part and con
curring in the judgment. Opinion by Justice Thomas, concurring in part
and concurring in the judgment.
No. 08–728. Taylor James Bloate, Petitioner v. United States. On
writ of certiorari to the United States Court of Appeals for the Eighth
Circuit. Judgment reversed, and case remanded to the United States
Court of Appeals for the Eighth Circuit for further proceedings con
sistent with the opinion of this Court. Opinion by Justice Thomas, an
nounced by The Chief Justice. Concurring opinion by Justice Ginsburg.
Dissenting opinion by Justice Alito, with whom Justice Breyer joins.
Certiorari Denied
No. 09–9456 (09A821). Lawrence Reynolds, Petitioner v. Ted
Strickland, Governor of Ohio, et al. Application for stay of execution
of sentence of death presented to Justice Stevens and by him referred
to the Court denied. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
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Certiorari—Summary Disposition
No. 08–1264. Tejbir S. Oberoi, Petitioner v. United States. On peti
tion for writ of certiorari to the United States Court of Appeals for
the Second Circuit. Petition for writ of certiorari granted. Judgment
vacated, and case remanded to the United States Court of Appeals for
the Second Circuit for further consideration in light of Bloate v. United
States, 559 U. S. ––– (2010). Justice Sotomayor took no part in the con
sideration or decision of this petition.
Certiorari Granted
Certiorari Denied
certiorari to the United States Court of Appeals for the Third Circuit
denied.
No. 09–8667. Dale D. Godown, Petitioner v. John C. Marshall, War
den. Petition for writ of certiorari to the United States Court of Ap
peals for the Ninth Circuit denied.
No. 09–8669. Thomas Hill, Petitioner v. Michigan. Petition for writ
of certiorari to the Supreme Court of Michigan denied.
No. 09–8676. Dejuma Campbell, Petitioner v. New York. Petition for
writ of certiorari to the Appellate Division, Supreme Court of New
York, Second Judicial Department, denied.
No. 09–8677. Gary Ervin, Petitioner v. Ohio. Petition for writ of
certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied.
No. 09–8678. Bobby Glenn Canida, Petitioner v. Rick Thaler, Direc
tor, Texas Department of Criminal Justice, Correctional Institutions
Division. Petition for writ of certiorari to the United States Court of
Appeals for the Fifth Circuit denied.
No. 09–8680. Thomas Terrill Foster, Petitioner v. Walter A. McNeil,
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. 09–8681. Jeffrey Matthews, Petitioner v. Randall G. Workman,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Tenth Circuit denied.
No. 09–8682. John L. Lotter, Petitioner v. Nebraska. Petition for
writ of certiorari to the Supreme Court of Nebraska denied.
No. 09–8685. John Barnes, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the First
Circuit denied.
No. 09–8686. Ronald Ranker, Petitioner v. Corrections Corporation
of America, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 09–8695. Shannon P. Coryell, Petitioner v. California Depart
ment of Corrections, et al. Petition for writ of certiorari to the United
States Court of Appeals for the Ninth Circuit denied.
No. 09–8698. Ricardo J. Calderon-Lopez, Petitioner v. Amarilys
Budet-Rodriguez, et al. Petition for writ of certiorari to the United
States Court of Appeals for the First Circuit denied.
No. 09–8699. Steven W. Doane, Petitioner v. Walter A. McNeil, Sec
retary, Florida Department of Corrections, et al. Petition for writ of
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Mandamus Denied
No. 09–8892. In Re Salvatore M. Bombardiere, Sr., Petitioner; and
No. 09–9161. In Re Joseph L. Rainey, Petitioner. Petitions for writs
of mandamus denied.
No. 09–8626. In Re Earnest C. Woods, II, Petitioner; and
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Rehearings Denied
Attorney Discipline
No. D–2466. In the Matter of Discipline of Isidoro Rodriguez. Isidoro
Rodriguez, of Annandale, Virginia, is suspended from the practice of
law in this Court and a rule will issue, returnable within 40 days,
requiring him to show cause why he should not be disbarred from the
practice of law in this Court.
No. D–2467. In the Matter of Discipline of Montgomery Blair Sibley.
Montgomery Blair Sibley, of Washington, District of Columbia, is sus
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pended from the practice of law in this Court and a rule will issue,
returnable within 40 days, requiring him to show cause why he should
not be disbarred from the practice of law in this Court.
No. D–2468. In the Matter of Discipline of Peter Paul Mitrano. Peter
Paul Mitrano, of Merrifield, Virginia, is suspended from the practice of
law in this Court and a rule will issue, returnable within 40 days,
requiring him to show cause why he should not be disbarred from the
practice of law in this Court.
Oral Arguments
No. 08–998. Jan Hamilton Chapter 13 Trustee, Petitioner v. Steph
anie Kay Lanning. Argued by Mr. Jan Hamilton for the petitioner, by
Mr. Thomas C, Goldstein for the respondent, and by Ms. Sarah Har
rington for the United States as amicus curiae, by special leave of the
Court, supporting the respondent.
No. 09–223. Richard A. Levin, Tax Commissioner of Ohio, Petitioner
v. Commerce Energy, Inc., et al. Argued by Mr. Solicitor General Ben
jamin C. Mizer for the petitioner and by Mr. Stephen C. Fitch for the
respondents.
Opinion
No. 08–1134. United Student Aid Funds, Inc., Petitioner v. Francisco
J. Espinosa. On writ of certiorari to the United States Court of Appeals
for the Ninth Circuit. Judgment affirmed. Opinion by Justice Thomas.
Gorman
Gorman
FL Ann Quince
Mary Ellen Clark Tallahassee, FL Justice Peggy
Ann Quince
Ward Patrick Griffin Washington, DC Justice Peggy
Ann Quince
Alison L. Kelly West Palm Beach, Justice Peggy
FL Ann Quince
Jenny S. Kim Tallahassee, FL Justice Peggy
Ann Quince
Jennifer Lynn Fessler Manchester, NH Robert V.
Ward, Jr.
Charles Edward Green, Jr. Plantsville, CT Robert V.
Ward, Jr.
Minhtram T. Tran New Bedford, MA Robert V.
Ward, Jr.
Michael Paul Wilson Philadelphia, PA Robert V.
Ward, Jr.
Christine H. Barrington West Haven, CT Robert V.
Ward, Jr.
Felix S. Betro Foxboro, MA Robert V.
Ward, Jr.
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Oral Argument
No. 08–1457. New Process Steel. L.P., Petitioner v. National Labor
Relations Board. Argued by Mr. Sheldon E. Richie for the petitioner
and by Mr. Neal K. Katyal for the respondent.
Oral Arguments
No. 08–1553. Kawasaki Kisen Kaisha Ltd., et al., Petitioners v.
Regal-Benoit Corporation, et al.; and
No. 08–1554. Union Pacific Railroad Company, Petitioner v. Regal-
Benoit Corporation, et al. Argued by Mr. J. Scott Ballenger for the
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Certiorari—Summary Disposition
Certiorari Denied
Mandamus Denied
Prohibition Denied
Rehearings Denied
Oral Arguments
No. 09–338. Paul Renico, Warden, Petitioner v. Reginald Lett. Ar
gued by Mr. Joel D. McGormley for the petitioner and by Ms. Marla R.
McCowan, appointed by this Court, for the respondent.
No. 08–1191. Robert Morrison, et al., Petitioners v. National Austra
lia Bank Ltd., et al. Argued by Mr. Thomas A. Dubbs for the petition
ers, by Mr. George T. Conway, III, for the respondents, and by
Mr. Matthew D. Roberts for the United States as amicus curiae, by
special leave of the Court, supporting the respondents. Justice Soto
mayor recused.
Opinions
Oral Arguments
Opinions
No. 08–1008. Shady Grove Orthopedic Associates, P.A., Petitioner v.
Allstate Insurance Company. On writ of certiorari to the United States
Court of Appeals for the Second Circuit. Judgment reversed, and case
remanded to the United States Court of Appeals for the Second Circuit
for further proceedings. Justice Scalia announced the judgment of the
Court and delivered the opinion of the Court with respect to Parts I
and II–A, an opinion with respect to Parts II–B and II–D, in which
The Chief Justice, Justice Thomas, and Justice Sotomayor join, and an
opinion with respect to Part II–C, in which The Chief Justice and Jus
tice Thomas join. Opinion by Justice Stevens, concurring in part and
concurring in the judgment. Dissenting opinion by Justice Ginsburg,
with whom Justice Kennedy, Justice Breyer, and Justice Alito join.
No. 08–651. Jose Padilla, Petitioner v. Kentucky. On writ of certio
rari to the Supreme Court of Kentucky. Judgment reversed, and case
remanded to the Supreme Court of Kentucky for further proceedings
not inconsistent with the opinion of this Court. Opinion by Justice Ste
vens. Opinion by Justice Alito, with whom The Chief Justice joins, con
curring in the judgment. Dissenting opinion by Scalia, with whom Jus
tice Thomas joins.
Oral Arguments
No. 09–60. Jose Angel Carachuri-Rosendo, Petitioner v. Eric H.
Holder, Jr., Attorney General. Argued by Mr. Sri Srinivasan for the
petitioner and by Ms. Nicole A. Saharsky for the respondent.
No. 08–6261. John Robertson, Petitioner v. United States, ex rel.
Wykenna Watson. Argued by Ms. Jaclyn S. Frankfurt for the peti
tioner, by Mr. Robert A. Long, Jr. for the respondent, and by
Ms. Solicitor General Elena Kagan for the United States as amicus
curiae, by special leave of the Court, supporting the respondent.
Certiorari—Summary Dispositions
No. 08–9888. Jesus Natividad Santos-Sanchez, Petitioner v. United
States. On petition for writ of certiorari to the United States Court of
Appeals for the Fifth Circuit. Motion of petitioner for leave to proceed
in forma pauperis and petition for writ of certiorari granted. Judg
ment vacated, and case remanded to the United States Court of Ap
peals for the Fifth Circuit for further consideration in light of Padilla
v. Kentucky, 559 U. S. ––– (2010).
No. 09–163. Ameriprise Financial, Inc., fka American Express Fi
nancial Corporation, et al., Petitioners v. John E. Gallus, et al. 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 Jones v. Harris
Associates L.P., 559 U. S. ––– (2010).
Certiorari Denied
No. 09–489. Theresa D’Jamoos, as Executrix of the Estate of Dawn
Elizabeth Weingeroff, et al., Petitioners v. Pilatus Aircraft Ltd., et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Third Circuit denied.
No. 09–498. Ismael John, et al., Petitioners v. United States; and
No. 09–499. People of Bikini, Petitioner v. United States. Petitions
for writs of certiorari to the United States Court of Appeals for the
Federal Circuit denied.
No. 09–681. Armand Bonvicino, et al., Petitioners v. Bruce Hopkins.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit denied.
No. 09–709. Jeffrey J. Reed, Petitioner v. International Union,
United Automobile, Aerospace and Agricultural Implement Workers of
America. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
No. 09–755. Louis Dale Marcantel, Individually and in His Official
Capacity as Chief of Police of the Village of Turkey Creek, Louisiana,
Petitioner v. Michell B. Deville, et vir; and
No. 09–817. Dewayne Tarver, Individually and in His Official Capac
ity as Duly Commissioned Officer by the Village of Turkey Creek, Peti
tioner v. Michell B. Deville, et vir. Petitions for writs of certiorari to
the United States Court of Appeals for the Fifth Circuit denied.
No. 09–779. Elmon Walters, et al., Petitioners v. American Coach
Lines of Miami, Inc. Petition for writ of certiorari to the United States
Court of Appeals for the Eleventh Circuit denied.
No. 09–819. SAP AG, et al., Petitioners v. Sky Technologies LLC.
Petition for writ of certiorari to the United States Court of Appeals
for the Federal Circuit denied.
No. 09–922. Dave Jordan, Petitioner v. Apache Corp., et al. Petition
for writ of certiorari to the United States Court of Appeals for the
Fifth Circuit denied.
No. 09–952. John H. Bradbury, Petitioner v. Idaho Judicial Council.
Petition for writ of certiorari to the Supreme Court of Idaho denied.
No. 09–957. Charles Patton, Petitioner v. Illinois. Petition for writ
of certiorari to the Appellate Court of Illinois, First District, denied.
No. 09–959. Thomas W. Heath, III, Petitioner v. Securities and Ex
change Commission. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied.
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tiorari to the United States Court of Appeals for the Eleventh Cir
cuit denied.
No. 09–8942. Anthony Pompey, Petitioner v. New York. Petition for
writ of certiorari to the Appellate Division, Supreme Court of New
York, First Judicial Department, denied.
No. 09–8947. Alice Richards-Johnson, Petitioner v. American Ex
press. Petition for writ of certiorari to the United States Court of Ap
peals for the Seventh Circuit denied.
No. 09–8952. Emilio Jesus Nunez, Petitioner v. Walter A. McNeil,
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. 09–8953. Oscar Alberto Parada, Petitioner v. California. Petition
for writ of certiorari to the Court of Appeal of California, Second Ap
pellate District, denied.
No. 09–8955. Dickie Crawley, Petitioner v. Ohio. Petition for writ of
certiorari to the Court of Appeals of Ohio, Hamilton County, denied.
No. 09–8956. Joseph Barragan Campa, Petitioner v. Texas. Petition
for writ of certiorari to the Court of Appeals of Texas, Fifth District,
denied.
No. 09–8960. Geraldo C. Bascomb, II, Petitioner v. Larry A. Small,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 09–8961. Thomas James Roberts, Petitioner v. Billy Mitchem,
Warden, et al. Petition for writ of certiorari to the United States Court
of Appeals for the Eleventh Circuit denied.
No. 09–8965. Joseph D. Thornblad, Petitioner v. Robin Christopher
Vue-Benson, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Eighth Circuit denied.
No. 09–8968. William R. Harding, Petitioner v. Ohio. Petition for
writ of certiorari to the Court of Appeals of Ohio, Montgomery
County, denied.
No. 09–8971. Daniel Jon Peterka, Petitioner v. Walter A. McNeil,
Secretary, Florida Department of Corrections. Petition for writ of cer
tiorari to the United States Court of Appeals for the Eleventh Cir
cuit denied.
No. 09–8974. Darrell Wayne Maness, Petitioner v. North Carolina.
Petition for writ of certiorari to the Supreme Court of North Caro
lina denied.
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Rehearings Denied
No. 09–7280. Paul Farnsworth, Petitioner v. Larry McNeil, et al.;
No. 09–7367. Donald C. Richardson, Petitioner v. Michigan State
Treasurer;
No. 09–7439. Donald Griggs, Petitioner v. United States;
No. 09–7457. Curtis Fuller, Petitioner v. David Bergh, Warden;
No. 09–7587. Raymond P. Vinnie, Petitioner v. Massachusetts;
No. 09–7676. Gerald H. Sternberg, Petitioner v. Michigan State Uni
versity, et al.;
No. 09–7714. Fred L. Murray, Jr., Petitioner v. Hyacinth Walker-
Murray;
No. 09–7877. Janet Francis, Petitioner v. Joint Force Headquarters
National Guard, et al.;
No. 09–7878. Sheila Dennis, Petitioner v. Keller Meyer Building
Services;
No. 09–8096. In Re James Edward Walls, Petitioner;
No. 09–8100. Ra’Zulu Ukawabutu, Petitioner v. Michelle R. Ricci,
Associate Administrator, New Jersey State Prison, et al.;
No. 09–8104. Laurie Marie Laskey, Petitioner v. Platt Electric Sup
ply, Inc.;
No. 09–8155. Broderick White, Petitioner v. State Farm Insurance
Company;
No. 09–8177. Steven Crain, Petitioner v. Ronald N. Tutor, et al.;
No. 09–8352. In Re Randy Jackson, Petitioner;
No. 09–8458. Allan Elias, Petitioner v. United States; and
No. 09–8535. David Winters, Petitioner v. United States Parole
Commissioner, et al. Petitions for rehearing denied.
Bourgeois
Cassidy, Jr.
O’Brien
Eric Vaughn Flam New York, NY Randall S. D.
Jacobs
Denzil Horace Forrester Charlotte, NC Randolph
Marshall Lee
Marcia Vestylena Forsett Bartow, FL James Marion
Moorman
Amanda Jill Futch Monroe, LA Johnny R.
Huckabay, II
Stephanie Agli Gallagher Baltimore, MD Steven Hale Levin
Geoffrey H. Genth Baltimore, MD Andrew Jay
Graham
Grant D. Gerber Baltimore, MD Charles Frederick
Ryland
Tamara M. Gerrard Honolulu, HI Robert S. Katz
Bonnie S. Greenberg Baltimore, MD Andrew Clayton
White
Michael John Halaiko Baltimore, MD Joseph William
Hovermill
Thomas J. Hamilton Washington, DC Stephen H. Myers
Mary L. Harokopus McKinney, TX Robert Francois
Friedman
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Grimm
Lamken
Certiorari—Summary Disposition
No. 08–1307. Charles E. Holster, III, Petitioner v. Gatco, Inc., dba
Folio Associates. On petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit. Petition for writ of certiorari
granted. Judgment vacated, and case remanded to the United States
Court of Appeals for the Second Circuit for further consideration in
light of Shady Grove Orthopedic Associates, P. A. v. Allstate Ins. Co.,
559 U. S. ––– (2010). Concurring opinion by Justice Scalia. Dissenting
opinion by Justice Ginsburg, with whom Justice Breyer joins. Justice
Sotomayor took no part in the consideration or decision of this petition.
Certiorari Granted
certiorari to the United States Court of Appeals for the Fifth Circuit
denied.
No. 09–678. Patricia Simon, et al., Petitioners v. United States. Peti
tion for writ of certiorari to the United States Court of Appeals for
the First Circuit denied.
No. 09–717. Delma Banks, Petitioner v. Rick Thaler, Director, Texas
Department of Criminal Justice, Correctional Institutions Division.
Petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit denied.
No. 09–727. Rodrique Bradley, Petitioner v. Louisiana. Petition for
writ of certiorari to the Court of Appeal of Louisiana, Second Circuit,
denied.
No. 09–763. Darniece Turnipseed, et al., Petitioners v. Dorothy
Brown, Clerk, Circuit Court of Illinois, Cook County, et al. Petition for
writ of certiorari to the Appellate Court of Illinois, First District,
denied.
No. 09–788. Norfolk Southern Railway Company, Petitioner v.
Thomas David Jordan, et al. Petition for writ of certiorari to the Court
of Appeals of Tennessee, Western Division, denied.
No. 09–790. Edmund Zagorski, Petitioner v. Ricky Bell, Warden.
Petition for writ of certiorari to the United States Court of Appeals
for the Sixth Circuit denied.
No. 09–799. Eric L. Davies, et ux., Petitioners v. David T. Moysa,
et ux.; and Eric L. Davies, et ux., Petitioners v. Philip Doi, Judge,
District Court of Hawaii, First Circuit, et al. Petition for writ of certio
rari to the Supreme Court of Hawaii denied.
No. 09–800. North County Community Alliance, Inc., Petitioner v.
Ken L. Salazar, Secretary of the Interior, et al. Petition for writ of
certiorari to the United States Court of Appeals for the Ninth Circuit
denied.
No. 09–810. Grand River Enterprises Six Nations, Ltd., Petitioner
v. Dustin McDaniel, Attorney General of Arkansas. Petition for writ
of certiorari to the United States Court of Appeals for the Eighth
Circuit denied.
No. 09–826. David K. Stone, et al., Petitioners v. Devon Energy Pro
duction Company, L. P., et al. Petition for writ of certiorari to the Su
preme Court of Wyoming denied.
No. 09–946. Joseph Jaskolski, et al., Petitioners v. Rick Daniels, et al.
Petition for writ of certiorari to the Court of Appeals of Indiana, First
District, denied.
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Court of Appeals for the Second Circuit denied. Justice Sotomayor took
no part in the consideration or decision of this petition.
No. 09–1080. Liders Porras, Petitioner v. Eric H. Holder, Jr., Attor
ney General. Petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit denied. Justice Sotomayor took no
part in the consideration or decision of this petition.
No. 09–9042. Laurie Marie Laskey, Petitioner v. RCN Corporation.
Motion of petitioner for leave to proceed in forma pauperis denied,
and petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit dismissed. See Rule 39.8.
No. 09–9074. Steven Kent Bloom, Petitioner v. Elizabeth L. Rice,
et al. Motion of petitioner for leave to proceed in forma pauperis de
nied, and petition for writ of certiorari to the Court of Appeals of
Kansas dismissed. See Rule 39.8.
No. 09–9093. Gregory Lawrence Moore, Petitioner v. Rissie L.
Owens, et al. Motion of petitioner for leave to proceed in forma pau
peris denied, and petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit dismissed. See Rule 39.8.
No. 09–9638. Charles Bruce Thomas, Petitioner v. United States.
Motion of petitioner for leave to proceed in forma pauperis denied,
and petition for writ of certiorari to the United States Court of Appeals
for the Seventh Circuit dismissed. See Rule 39.8. As petitioner has
repeatedly abused this Court’s process, the Clerk is directed not to
accept any further petitions in noncriminal matters from petitioner
unless the docketing fee required by Rule 38(a) is paid and petition
submitted in compliance with Rule 33.1. See Martin v. District of Co
lumbia Court of Appeals, 506 U. S. 1 (1992) (per curiam). Justice Ste
vens dissents. See id., at 4, and cases cited therein.
No. 09–9655. Marian Jass, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Second
Circuit denied. Justice Sotomayor took no part in the consideration or
decision of this petition.
No. 09–9715. William Darby, Petitioner v. United States. Petition for
writ of certiorari to the United States Court of Appeals for the Second
Circuit denied. Justice Sotomayor took no part in the consideration or
decision of this petition.
No. 09–9745. Edward Tucker, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Second Circuit denied. Justice Sotomayor took no part in the consider
ation or decision of this petition.
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Mandamus Denied
Rehearings Denied
TX Townsend
Crowther
McAllister
Oral Arguments
McConnell for the petitioner and by Mr. Gregory G. Garre for the
respondents.
No. 08–1332. City of Ontario, California, et al., Petitioners v. Jeff
Quon, et al. Argued by Mr. Kent L. Richland for the petitioners, by
Mr. Neal K. Katyal for the United States as amicus curiae, by special
leave of the Court, supporting the petitioners, and by Mr. Dieter Dam
meier for the respondents.
Certiorari Denied
No. 09–10250 (09A972). Darryl Durr, Petitioner v. Ted Strickland,
Governor of Ohio, et al. Application for stay of execution of sentence
of death presented to Justice Stevens and by him referred to the Court
denied. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
Certiorari Denied
No. 09–10280 (09A979). Darryl Durr, Petitioner v. Ted Strickland,
Governor of Ohio, et al. Application for stay of execution of sentence
of death presented to Justice Stevens and by him referred to the Court
denied. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
Certiorari Denied
No. 09–10281 (09A980). Darryl Durr, Petitioner v. Richard Cordray,
Attorney General of Ohio, et al. Application for stay of execution of
sentence of death presented to Justice Stevens and by him referred to
the Court denied. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
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Opinion
Oral Argument
No. 09–367. Brian Russell Dolan, Petitioner v. United States. Ar
gued by Ms. Pamela S. Karlan, appointed by this Court, for the peti
tioner and by Mr. Toby J. Heytens for the respondent.
Opinions
No. 08–1200. Karen L. Jerman, Petitioner v. Carlisle, McNellie, Rini,
Kramer & Ulrich LPA, et al. On writ of certiorari to United States
Court of Appeals for the Sixth Circuit. Judgment reversed, and case
remanded to the United States Court of Appeals for the Sixth Circuit
for further proceedings consistent with the opinion of this Court. Opin
ion by Justice Sotomayor. Concurring opinion by Justice Breyer. Opin
ion by Justice Scalia, concurring in part and concurring in the judg
ment. Dissenting opinion by Justice Kennedy, with whom Justice
Alito joins.
No. 08–970. Sonny Perdue, Governor of Georgia, et al., Petitioners
v. Kenny A., By His Next Friend Linda Winn, et al. On writ of certio
rari to the United States Court of Appeals for the Eleventh Circuit.
Judgment reversed, and case remanded to the United States Court of
Appeals for the Eleventh Circuit for further proceedings consistent
with the opinion of this Court. Opinion by Justice Alito. Concurring
opinion by Justice Kennedy. Concurring opinion by Justice Thomas.
Opinion by Justice Breyer, with whom Justice Stevens, Justice Gins
burg, and Justice Sotomayor join, concurring in part and dissenting
in part.
No. 09–810. Sally L. Conkright, et al., Petitioners v. Paul J. From
mert, et al. On writ of certiorari to the United States Court of Appeals
for the Second Circuit. Judgment reversed, and case remanded to the
United States Court of Appeals for the Second Circuit for further pro
ceedings consistent with the opinion of this Court. Opinion by The
Chief Justice. Dissenting opinion by Justice Breyer, with whom Justice
Stevens and Justice Ginsburg join. Justice Sotomayor took no part in
the consideration or decision of this case.
Certiorari—Summary Disposition
No. 09–724. The Real Truth About Obama, Inc., Petitioner v. Federal
Election Commission, et al. On petition for writ of certiorari to the
United States Court of Appeals for the Fourth Circuit. 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 Citizens United v. Federal Election Comm’n,
558 U. S. ––– (2010) and the Solicitor General’s suggestion of mootness.
Certiorari Granted
No. 09–737. Michelle Ortiz, Petitioner v. Paula Jordan, et al. Petition
for writ of certiorari to the United States Court of Appeals for the
Sixth Circuit granted.
No. 08–1448. Arnold Schwarzenegger, Governor of California, et al.,
Petitioners v. Entertainment Merchants Association, et al. Motion of
California State Senator Leland Y. Yee, et al. for leave to file a brief
as amici curiae out of time denied. Petition for writ of certiorari to
the United States Court of Appeals for the Ninth Circuit granted.
Certiorari Denied
No. 08–10994. Keith R. Jeffers, Petitioner v. West Virginia. Petition
for writ of certiorari to the Circuit Court of West Virginia, Kanawha
County, denied.
No. 09–753. Robert McGowan, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit denied.
No. 09–938. D. Clark Ogle, Liquidating Trustee of the Agway Liqui
dating Trust, Petitioner v. Fidelity & Deposit Company of Maryland.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied.
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Mandamus Denied
No. 09–8701. In Re Lindsey Kent Springer, Petitioner; and
No. 09–9277. In Re Jeffrey Sanders, Petitioner. Petitions for writs
of mandamus denied.
No. 09–9174. In Re Hubert Warren, Petitioner. Motion of petitioner
for leave to proceed in forma pauperis denied, and petition for writ of
mandamus dismissed. See Rule 39.8.
Rehearings Denied
No. 09–722. Harold Green, Petitioner v. Cleary Water, Sewer and
Fire District;
No. 09–768. Robert D. Straley, Petitioner v. Utah Board of Par
dons, et al.;
No. 09–7887. Tavares Antonio McDuffie, Petitioner v. Florida;
No. 09–7891. Wanda Renae Scott, aka Wanda Renae Scott Thomas,
Petitioner v. South Carolina;
No. 09–8139. Bruce Monroe Greer, Petitioner v. Cynthia Nelson,
Warden;
No. 09–8303. Carlos L. Woodson, aka Carlo L. Woodson, Petitioner
v. Katherine Rundle-Fernandez, State Attorney;
No. 09–8304. Judith Tompson, Petitioner v. Town of Salem, New
Hampshire;
No. 09–8391. Jacob Sampson, Petitioner v. Andrea France, et al.;
No. 09–8463. Jesse White, et ux., Petitioners v. Mortgage Electronic
Registration Systems, Incorporated;
JNL09$0426—05-04-10 17:32:29 JOURNAPGT MILES
Oral Arguments
No. 09–497. Rent-A-Center, West, Inc., Petitioner v. Antonio Jack
son. Argued by Mr. Robert F. Friedman for the petitioner and by
Mr. Ian E. Silverberg for the respondent.
No. 09–448. Bridget Hardt, Petitioner v. Reliance Standard Life In
surance Company. Argued by Mr. John R. Ates for the petitioner, by
Mr. Pratik A. Shah for the United States as amicus curiae, by special
leave of the Court, supporting the petitioner, and by Mr. Nicholas Q.
Rosenkranz for the respondent.
Howarth
Howarth
Howarth
Howarth
Howarth
Howarth
Howarth
Howarth
Howarth
Howarth
MI Howarth
Howarth
MI Howarth
Oral Argument
No. 09–475. Monsanto Company, et al., Petitioners v. Geertson Seed
Farms, et al. Argued by Mr. Gregory G. Garre for the petitioners, by
Mr. Malcolm L. Stewart for the federal respondents, supporting the
petitioners, and by Mr. Lawrence S. Robbins for the respondents. Jus
tice Breyer recused.
Opinion
No. 08–472. Ken L. Salazar, Secretary of the Interior, et al., Peti
tioners v. Frank Buono. On writ of certiorari to the United States
Court of Appeals for the Ninth Circuit. Judgment reversed, and case
remanded to the United States Court of Appeals for the Ninth Circuit
for further proceedings. Justice Kennedy announced the judgment of
the Court and delivered an opinion, in which The Chief Justice joins
and Justice Alito joins in part. Concurring opinion by The Chief Justice.
Opinion by Justice Alito, concurring in part and concurring in the judg
ment. Opinion by Justice Scalia, with whom Justice Thomas joins, con
curring in the judgment. Dissenting opinion by Justice Stevens, with
whom Justice Ginsburg and Justice Sotomayor join. Dissenting opinion
by Justice Breyer.
Oral Argument
No. 09–559. John Doe #1, et al., Petitioners v. Sam Reed, Washington
Secretary of State, et al. Argued by Mr. James Bopp, Jr. for the peti
tioners and by Mr. Attorney General Robert M. McKenna for the
respondents.
Orders
Ordered:
1. That the Federal Rules of Appellate Procedure be, and they
hereby are, amended by including therein amendments to Appellate
Rules 1, 4, and 29, and Form 4.
2. That the foregoing amendments to the Federal Rules of Appellate
Procedure shall take effect on December 1, 2010, and shall govern in
all proceedings in appellate cases thereafter commenced and, insofar
as just and practicable, all proceedings then pending.
JNL09$0428—05-05-10 09:25:08 JOURNAPGT MILES
Certiorari—Summary Dispositions
Certiorari Denied
Mandamus Denied
No. 09–9366. In Re Hubert Warren, Petitioner; and
No. 09–9369. In Re Hubert Warren, Petitioner. Motions of petition
ers for leave to proceed in forma pauperis denied, and petitions for
writs of mandamus dismissed. See Rule 39.8.
Rehearings Denied
No. 08–10932. Fidele Birahagaze Batekreze, Petitioner v. Arizona;
No. 09–807. James Henry Deneal, Petitioner v. Ronny Shaver;
JNL09$0503—05-17-10 16:19:22 JOURNAPGT MILES
Attorney Discipline
No. D–2465. In the Matter of Disbarment of Eddie Michael Pope.
Disbarment order entered.
JNL09$0503—05-17-10 16:19:22 JOURNAPGT MILES
I write with regret to note the closing of the Court’s front entrance.
The Supreme Court building is currently undergoing extensive con
struction, and the Court has decided that, after this construction is
completed, visitors to the Court—including the parties whose cases we
decide, the attorneys who argue those cases, and the members of the
public who come to listen and to observe their government in action—
will have to enter through a side door. While I recognize the reasons
for this change, on balance I do not believe they justify it. I think the
change is unfortunate, and I write in the hope that the public will one
day in the future be able to enter the Court’s Great Hall after passing
under the famous words “Equal Justice Under Law.”
Cass Gilbert faced a difficult problem when he was commissioned to
design the Court’s present home. The Court was to be built on a
small, irregularly-shaped plot of land adjacent to both the Capitol and
the Library of Congress, two powerful and prominent architectural
competitors. How was Gilbert to create a distinctive, yet fitting, home
for the Court in these circumstances?
Gilbert’s solution was to design an entrance that, in the words of
architect and lawyer Paul Byard, “emphasiz[ed] the processional prog
ress toward justice reenacted daily in [the Court’s] premises.” Start
ing at the Court’s western plaza, Gilbert’s plan leads visitors along
a carefully choreographed, climbing path that ultimately ends at the
courtroom itself. The Court’s forty-four marble steps, the James
Earle Fraser sculptures Contemplation of Justice and Authority of
Law, the Western portico with its eight pairs of columns standing high
above the removed wings of the building, the Great Hall—each of these
elements does its part to encourage contemplation of the Court’s cen
tral purpose, the administration of justice to all who seek it.
But the significance of the Court’s front entrance extends beyond its
design and function. Writers and artists regularly use the steps to
represent the ideal that anyone in this country may obtain meaningful
justice through application to this Court. And the steps appear in
countless photographs commemorating famous arguments or other mo
ments of historical importance. In short, time has proven the success
of Gilbert’s vision: To many members of the public, this Court’s main
entrance and front steps are not only a means to, but also a metaphor
for, access to the Court itself.
JNL09$0503—05-19-10 07:28:33 JOURNAPGT MILES
This is why, even though visitors will remain able to leave via the
front entrance, I find dispiriting the Court’s decision to refuse to permit
the public to enter. I certainly recognize the concerns identified in the
two security studies that led to this recent decision (which reaffirmed a
decision made several years ago). But potential security threats will
exist regardless of which entrance we use. And, in making this deci
sion, it is important not to undervalue the symbolic and historic impor
tance of allowing visitors to enter the Court after walking up Gilbert’s
famed front steps.
To my knowledge, and I have spoken to numerous jurists and archi
tects worldwide, no other Supreme Court in the world—including
those, such as Israel’s, that face security concerns equal to or greater
than ours—has closed its main entrance to the public. And the main
entrances to numerous other prominent public buildings in America
remain open. I thus remain hopeful that, sometime in the future, tech
nological advances, a Congressional appropriation, or the dissipation of
the current security risks will enable us to restore the Supreme Court’s
main entrance as a symbol of dignified openness and meaningful access
to equal justice under law.
JNL09$0512—05-19-10 07:29:49 JOURNAPGT MILES
Certiorari Denied
No. 09–10719 (09A1089). Michael Francis Beuke, Petitioner v. Ted
Strickland, Governor of Ohio, et al. Application for stay of execution
of sentence of death presented to Justice Stevens and by him referred
to the Court denied. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
JNL09$0517—05-26-10 14:15:56 JOURNAPGT MILES
Certiorari—Summary Disposition
Certiorari Granted
No. 09–868. Ashbel T. Wall, II, Director, Rhode Island Department
of Corrections, Petitioner v. Khalil Kholi. Motion of respondent for
leave to proceed in forma pauperis granted. Petition for writ of certio
rari to the United States Court of Appeals for the First Circuit
granted.
Certiorari Denied
No. 09–594. Jose Erasmo De la Rosa, Petitioner v. Eric H. Holder,
Jr., Attorney General. Petition for writ of certiorari to the United
States Court of Appeals for the Eleventh Circuit denied.
JNL09$0517—05-26-10 14:15:56 JOURNAPGT MILES
Mandamus Denied
Rehearings Denied
Attorney Discipline
England
Jr.
Elena Martinez Gallegos Albuquerque, NM Bridget R.
Robinson
Heather L. Gardner Anchorage, AK Fred Richard
Curtner, III
Merrill C. Godfrey Washington, DC James Patrick
Tuite
Stuart Warren Goering Anchorage, AK Clyde Edward
Sniffen, Jr.
Margaret M. Grignon Los Angeles, CA James
Christopher
Martin
R. Stewart Guernsey Water Valley, MS David G. Hill
Judith W. Gweon Riverside, CA Eric Vincent Isaac
Judy Simmons Henry Little Rock, AR Charles T.
Coleman
Lisa Bowlin Hobbs Austin, TX Thomas S.
Leatherbury
Bonnie Holcomb Los Angeles, CA William Dean
Freeman
Carey J. Huff Fair Haven, NJ Mary R. Juliano
Joslyn Hunt Helena, MT John P. Connor, Jr.
Robin Lilley Jackson Charleston, SC Sandra J. Senn
Susan Allison Kidwell Austin, TX Sarah B. Duncan
Linda R. Larson Seattle, WA Jeff B. Kray
Coby Warren Logan Fort Smith, AR Robert T. Dawson
Paul Anthony Lynch Honolulu, HI L. Richard
Fried, Jr.
Nicole Nicolette Mace Myrtle Beach, SC Russell Warren
Mace, III
James William McCarthy Oswego, NY James P. McGrath
Charles Anthony Washington, DC Ruth-Arlene W.
McCullough, II Howe
Borger
Certiorari Denied
No. 09–10888 (09A1115). Gerald James Holland, Petitioner v. Mis
sissippi. Application for stay of execution of sentence of death pre
sented to Justice Scalia and by him referred to the Court denied. Peti
tion for writ of certiorari to the Supreme Court of Mississippi denied.
Certiorari Denied
No. 09–1345 (09A1061). Darick Demorris Walker, Petitioner v. Lo
retta K. Kelly, Warden. Application for stay of execution of sentence
of death presented to The Chief Justice and by him referred to the
Court denied. Motion of Arc of the United States for leave to file a brief
as amicus curiae granted. Motion of Constitution Project for leave to
file a brief as amicus curiae granted. Petition for writ of certiorari to
the United States Court of Appeals for the Fourth Circuit denied. Jus
tice Stevens, Justice Ginsburg, and Justice Sotomayor would grant the
application for stay of execution.
Certiorari Denied
No. 09–1346 (09A1062). Darick Demorris Walker, Petitioner v. Lo
retta K. Kelly, Warden. Application for stay of execution of sentence
of death presented to The Chief Justice and by him referred to the
Court denied. Motion of Arc of the United States for leave to file a
brief as amicus curiae granted. Petition for writ of certiorari to the
United States Court of Appeals for the Fourth Circuit denied. Justice
Stevens, Justice Ginsburg, and Justice Sotomayor would grant the ap
plication for stay of execution.
JNL09$0524—06-04-10 13:14:11 JOURNAPGT MILES
Certiorari—Summary Disposition
Certiorari Granted
No. 09–812. Lilian Ileto, Petitioner v. Glock, Inc., et al. Petition for
writ of certiorari to the United States Court of Appeals for the Ninth
Circuit denied.
No. 09–871. Curr-Spec Partners, L. P., Petitioner v. Commissioner
of Internal Revenue. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 09–882. John David Ruelas, Petitioner v. Hugh Wolfenbarger,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit denied.
No. 09–908. Deborah Orlando Cooney, Petitioner v. Lyle Rossiter, Jr.,
et al. Petition for writ of certiorari to the United States Court of Ap
peals for the Seventh Circuit denied.
No. 09–953. Tim Reisch, et al., Petitioners v. Charles E. Sisney, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Eighth Circuit denied.
No. 09–962. LaSalle Group, Inc., Petitioner v. Trustees of the Detroit
Carpenters Fringe Benefit Funds. Petition for writ of certiorari to the
United States Court of Appeals for the Sixth Circuit denied.
No. 09–965. Rupert M. Pollard, Petitioner v. Estate of Marie A. Mer
kel, Deceased, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Fifth Circuit denied.
No. 09–998. Shawn Drake, Petitioner v. Louisiana. Petition for writ
of certiorari to the Supreme Court of Louisiana denied.
No. 09–1108. Aimee Zmysly, Petitioner v. United States, et al. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Seventh Circuit denied.
No. 09–1119. Carlos Fitzgerald Smith, Petitioner v. North Carolina.
Petition for writ of certiorari to the Court of Appeals of North Caro
lina denied.
No. 09–1125. Glenn Allen Adair, dba Super D 229, et al., Petitioners
v. Lease Partners, Inc., et al. Petition for writ of certiorari to the
United States Court of Appeals for the Fifth Circuit denied.
No. 09–1128. Daniel J. Segal, Petitioner v. Fifth Third Bank, N. A.,
et al. Petition for writ of certiorari to the United States Court of Ap
peals for the Sixth Circuit denied.
No. 09–1130. Dorothy Scholwin, Petitioner v. Department of Chil
dren and Families. Petition for writ of certiorari to the Appeals Court
of Massachusetts denied.
JNL09$0524—06-04-10 13:14:11 JOURNAPGT MILES
tion for writ of certiorari to the United States Court of Appeals for
the Third Circuit denied.
No. 09–9774. Christopher Lamont Benjamin, Petitioner v. Darlene
White. Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit denied.
No. 09–9775. LaKeith Raqib Amir-Sharif, Petitioner v. Texas. Peti
tion for writ of certiorari to the Court of Criminal Appeals of Texas
denied.
No. 09–9776. Patrick Williams, Petitioner v. California Department
of Corrections, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Ninth Circuit denied.
No. 09–9779. Herman L. Nitz, Jr., Petitioner v. Jean Harvey, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Seventh Circuit denied.
No. 09–9790. Lorenzo Rivera, Petitioner v. Texas. Petition for writ
of certiorari to the Court of Criminal Appeals of Texas denied.
No. 09–9793. Ansis C. Davis, Petitioner v. Florida. Petition for writ
of certiorari to the District Court of Appeal of Florida, Fifth District,
denied.
No. 09–9794. Michael Anthony Dixon, Petitioner v. Maddox Kilgore,
et al. Petition for writ of certiorari to the United States Court of Ap
peals for the Eleventh Circuit denied.
No. 09–9795. Dennis O’Brien Edwards, Petitioner v. The Boeing
Company, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Tenth Circuit denied.
No. 09–9885. Onofre Tommy Serrano, Petitioner v. California. Peti
tion for writ of certiorari to the Court of Appeal of California, Second
Appellate District, denied.
No. 09–9945. Carmen P., Petitioner v. San Diego County Health &
Human Services Agency. Petition for writ of certiorari to the Court of
Appeal of California, Fourth Appellate District, Division One, denied.
No. 09–10048. Montavius A. Johnson-El, Petitioner v. Roy Cooper,
Attorney General of North Carolina, et al. Petition for writ of certio
rari to the United States Court of Appeals for the Fourth Circuit
denied.
No. 09–10093. Jesse Wade Glover, Petitioner v. Tennessee. Petition
for writ of certiorari to the Court of Criminal Appeals of Tennessee,
Western Division, denied.
JNL09$0524—06-04-10 13:14:11 JOURNAPGT MILES
Mandamus Denied
Rehearings Denied
Attorney Discipline
No. D–2466. In the Matter of Disbarment of Isidoro Rodriguez. Dis
barment order entered.
Durant, III
Durant, III
Durant, III
Durant, III
Durant, III
Durant, III
Certiorari Denied
No. 09–11000 (09A1128). John Avalos Alba, Petitioner v. Texas. Ap
plication for stay of execution of sentence of death presented to Justice
Scalia and by him referred to the Court denied. Petition for writ of
certiorari to the Court of Criminal Appeals of Texas denied.
JNL09$0601—06-09-10 10:27:39 JOURNAPGT MILES
Rehearings Denied
No. 09–975. Maria L. Peterson, Petitioner v. PDQ Food Stores Inc.,
et al.;
No. 09–8136. Thurman Lee Henderson, Petitioner v. Rick Thaler,
Director, Texas Department of Criminal Justice, Correctional Institu
tions Division;
No. 09–8192. Antonio Hinton, Petitioner v. M. McQuillan, et al.;
No. 09–8314. Johnny L. Ruffin, Petitioner v. David DiGuglielmo,
Superintendent, State Correctional Institution at Graterford, et al.;
No. 09–8349. Lucille R. Kelley, Petitioner v. Texas Workforce Com
mission, et al.;
No. 09–8533. Henry J. LaFavors, Petitioner v. Florida Department
of Corrections;
No. 09–8868. Sheila Mannix, Petitioner v. Sharon L. Prather, et al.;
No. 09–9089. Barry Wayne Adams, Petitioner v. Michigan;
No. 09–9286. Thomas P. Richard, Sr., Petitioner v. Pennsylvania;
No. 09–9354. John-Pierre Baney, Petitioner v. Department of Justice;
No. 09–9372. J. Lamont Lindsey, Petitioner v. DaimlerChrysler Cor
poration; and
No. 09–9454. Altemio Gonzales, Petitioner v. United States. Peti
tions for rehearing denied.
No. 08–10586. Timothy Thorne, Petitioner v. Steve Larkins, War
den. Motion for leave to file a petition for rehearing denied.
No. 09–8283. Uuno Mattias Baum, Petitioner v. Collie Rushton, War
den. Motion for leave to file a petition for rehearing denied.
Opinions
No. 08–1301. Thomas Carr, Petitioner v. United States. On writ of
certiorari to the United States Court of Appeals for the Seventh Cir
cuit. Judgment reversed, and case remanded to the United States
Court of Appeals for the Seventh Circuit for further proceedings con
sistent with the opinion of this Court. Opinion by Justice Sotomayor.
Opinion by Justice Scalia, concurring in part and concurring in the
judgment. Dissenting opinion by Justice Alito, with whom Justice
Thomas and Justice Ginsburg join.
No. 09–223. Richard A. Levin, Tax Commissioner of Ohio, Petitioner
v. Commerce Energy, Inc., et al. On writ of certiorari to the United
States Court of Appeals for the Sixth Circuit. Judgment reversed, and
case remanded to the United States Court of Appeals for the Sixth
Circuit for further proceedings consistent with the opinion of this
Court. Opinion by Justice Ginsburg announced by The Chief Justice.
Concurring opinion by Justice Kennedy. Opinion by Justice Thomas,
with whom Justice Scalia joins, concurring in the judgment. Opinion
by Justice Alito, concurring in the judgment.
No. 08–1470. Mary Berghuis, Warden, Petitioner v. Van Chester
Thompkins. On writ of certiorari to the United States Court of Appeals
for the Sixth Circuit. Judgment reversed, and case remanded to the
United States Court of Appeals for the Sixth Circuit with instructions
to deny the petition. Opinion by Justice Kennedy. Dissenting opinion
by Justice Sotomayor, with whom Justice Stevens, Justice Ginsburg,
and Justice Breyer join.
JNL09$0601—06-09-10 10:27:39 JOURNAPGT MILES
Appeal—Summary Disposition
Certiorari—Summary Disposition
Appeals for the Second Circuit denied. Justice Sotomayor took no part
in the consideration or decision of this petition.
Mandamus Denied
No. 09–10026. In Re Donald G. Jones, Petitioner; and
No. 09–10363. In Re Roger Mayweather, Petitioner. Petitions for
writs of mandamus denied.
No. 09–10041. In Re Otis Telbert Berthey, Petitioner. Petition for
writ of mandamus and/or prohibition denied.
Rehearings Denied
No. 08–8379. Othel L. Cooksey, Jr., Petitioner v. Bobby McElroy,
et al.;
No. 09–985. In Re Stacy Ann Patterson, Petitioner;
No. 09–8206. Gregory Shawn Mercer, Petitioner v. Virginia;
No. 09–8272. Laureano Chirino Rivera, Petitioner v. United States;
No. 09–8582. Joe E. Teague, Jr., Petitioner v. North Carolina Depart
ment of Transportation;
No. 09–8717. Elmore Sheriff, Petitioner v. Accelerated Receivables
Solutions, et al.;
No. 09–8739. Peter James Atherton, Petitioner v. District of Colum
bia Office of the Mayor, et al.;
No. 09–8771. Matthew Joseph Collazo, Petitioner v. Texas;
No. 09–8773. Vernon R. Owens, Petitioner v. Robert G. Jones, Super
intendent, Hyde Correctional Institution;
No. 09–8918. Anthony Benjamin, Petitioner v. Lorettan Wallace,
et al.;
No. 09–8947. Alice Richards-Johnson, Petitioner v. American
Express;
No. 09–9075. Dennis A. Ball, Petitioner v. Carol L. Ball, et al.; and
Dennis Andrew Ball, Petitioner v. Arthur Paul Blunt, et al.;
No. 09–9109. Benny Lee Hodge, Petitioner v. Philip Parker, Warden;
No. 09–9145. Theodore Shove, Petitioner v. Robert K. Wong,
Warden;
No. 09–9155. Raymond Semler, Petitioner v. Cal Ludeman, et al.;
JNL09$0607—06-23-10 18:21:39 JOURNAPGT MILES
Certiorari Denied
No. 09–11271 (09A1198). Melbert Ray Ford, Petitioner v. Steve
Upton, Warden. Application for stay of execution of sentence of death
presented to Justice Thomas and by him referred to the Court denied.
Petition for writ of certiorari to the Superior Court of Georgia, Butts
County, denied.
JNL09$0610—06-16-10 13:02:29 JOURNAPGT MILES
Certiorari Denied
No. 09–11253 (09A1199). John Forrest Parker, Petitioner v. Ala
bama. Application for stay of execution of sentence of death presented
to Justice Thomas and by him referred to the Court denied. Petition
for writ of certiorari to the Supreme Court of Alabama denied.
JNL09$0614—07-27-10 19:06:30 JOURNAPGT MILES
Jurisdiction Postponed
Certiorari Granted
Mandamus Denied
No. 09–10854. In Re Eric Martin Van Buren, Petitioner. Petition for
writ of mandamus denied.
Rehearings Denied
No. 09–7923. Steven Allen Schwartz, Petitioner v. United States;
No. 09–9068. Scott R. Zabriskie, Petitioner v. Orlando Police, et al.;
No. 09–9073. Fard Mohammed, Petitioner v. Wisconsin Insurance
Security Fund, et al.;
No. 09–9080. Keith Russell Judd, Petitioner v. New Mexico;
No. 09–9167. Raymond L. Semler, Petitioner v. Donna Finch;
No. 09–9220. Kenneth Edward Barbour, Petitioner v. Lt. Schlo
bohm, et al.;
No. 09–9221. Kenneth Edward Barbour, Petitioner v. Virginia De
partment of Corrections, et al.; Kenneth Edward Barbour, Petitioner
v. Legislation Upon Virginia Department of Corrections; Kenneth Ed
ward Barbour, Petitioner v. Keeffee Commissaries at Virginia Depart
ment of Corrections; Kenneth Edward Barbour, Petitioner v. Virginia
Department of Corrections; Kenneth Edward Barbour, Petitioner v.
Virginia Department of Corrections; Kenneth Edward Barbour, Peti
JNL09$0614—06-23-10 17:59:09 JOURNAPGT MILES
Attorney Discipline
Gratacos
Morganelli
John Stoetzer Gray Houston, TX Richard O. Faulk
Larry D. Hall Orlando, FL John S. McEwan,
II
Patrick C. Hess Chicago, IL Joanne Marie
Rogers
Kristen Ann Hite Washington, DC Everett Bellamy
Robert David Katz New York, NY Norman H. Zivin
Lindsay Androski Kelly Washington, DC Paul R. Michel
Gerald Kretmar St. Louis, MO Jeffrey D. Sodko
Stephen David Kursman Farmington Hills, John Douglas
MI Korney
Todd Ashley Leffler Houston, TX Michael Ramsey
Edward Joseph Leonard Philadelphia, PA Michael J.
McAllister
John Abner Lockett, III Atlanta, GA Warren
Westbrook
Wills, Jr.
Lisa Marie Martin Phoenix, AZ Arthur Hazelton
Saverio P. Mirarchi Philadelphia, PA Salvatore A.
Clemente
Mark J. O’Brien Tampa, FL Francisco R.
Angones
Kevin Michael Phillips Chicago, IL Joanne Marie
Rogers
Audrey Prins Rasmussen Washington, DC David L. Hill
Ernesto Javier Sanchez Washington, DC Victor John Wolski
JNL09$0614—06-23-10 17:59:09 JOURNAPGT MILES
Opinions
No. 09–367. Brian Russell Dolan, Petitioner v. United States. On
writ of certiorari to the United States Court of Appeals for the Tenth
Circuit. Judgment affirmed. Opinion by Justice Breyer. Dissenting
opinion by The Chief Justice, with whom Justice Stevens, Justice
Scalia, and Justice Kennedy join.
No. 09–5327. Albert Holland, Petitioner v. Florida. On writ of certio
rari to the United States Court of Appeals for the Eleventh Circuit.
Judgment reversed, and case remanded to the United States Court of
Appeals for the Eleventh Circuit for further proceedings consistent
with the opinion of this Court. Opinion by Justice Breyer. Opinion by
Justice Alito, concurring in part and concurring in the judgment. Dis
senting opinion by Justice Scalia, with whom Justice Thomas joins as
to all but Part I.
No. 08–1322. Michael J. Astrue, Commissioner of Social Security,
Petitioner v. Catherine G. Ratliff. On writ of certiorari to the United
States Court of Appeals for the Eighth Circuit. Judgment reversed,
and case remanded to the United States Court of Appeals for the
Eighth Circuit for further proceedings consistent with the opinion of
this Court. Opinion by Justice Thomas. Concurring opinion by Justice
Sotomayor, with whom Justice Stevens and Justice Ginsburg join.
No. 09–60. Jose Angel Carachuri-Rosendo, Petitioner v. Eric H.
Holder, Jr., Attorney General. On writ of certiorari to the United
States Court of Appeals for the Fifth Circuit. Judgment reversed.
Opinion by Justice Stevens. Opinion by Justice Scalia, concurring in
the judgment. Opinion by Justice Thomas, concurring in the judgment.
JNL09$0614—06-23-10 17:59:09 JOURNAPGT MILES
Certiorari Denied
No. 09–11333 (09A1211). David Lee Powell, Petitioner v. Texas.
Application for stay of execution of sentence of death presented to
Justice Scalia and by him referred to the Court denied. Petition for
writ of certiorari to the Court of Criminal Appeals of Texas denied.
JNL09$0617—06-23-10 18:00:10 JOURNAPGT MILES
Opinions
No. 09–6338. Percy Dillon, Petitioner v. United States. On writ of
certiorari to the United States Court of Appeals for the Third Circuit.
Judgment affirmed. Opinion by Justice Sotomayor. Dissenting opinion
by Justice Stevens. Justice Alito took no part in the decision of this
case.
No. 08–538. William G. Schwab, Petitioner v. Nadejda Reilly. On
writ of certiorari to the United States Court of Appeals for the Third
Circuit. Judgment reversed, and case remanded to the United States
Court of Appeals for the Third Circuit for further proceedings consist
ent with the opinion of this Court. Opinion by Justice Thomas. Dissent
ing opinion by Justice Ginsburg, with whom The Chief Justice and
Justice Breyer join.
No. 08–1332. City of Ontario, California, et al., Petitioners v. Jeff
Quon, et al. On writ of certiorari to the United States Court of Appeals
for the Ninth Circuit. Judgment reversed, and case remanded to the
United States Court of Appeals for the Ninth Circuit for further pro
ceedings consistent with the opinion of this Court. Opinion by Justice
Kennedy. Concurring opinion by Justice Stevens. Opinion by Justice
Scalia, concurring in part and concurring in the judgment.
No. 08–1151. Stop the Beach Renourishment, Inc., Petitioner v. Flor
ida Department of Environmental Protection, et al. On writ of certio
rari to the Supreme Court of Florida. Judgment affirmed. The Chief
Justice announced the judgment of the Court and Justice Scalia deliv
ered the opinion of the Court with respect to Parts, I, IV, and V, and
an opinion with respect to Parts II and III, in which The Chief Justice,
Justice Thomas, and Justice Alito join. Opinion by Justice Kennedy,
with whom Justice Sotomayor joins, concurring in part and concurring
in the judgment. Opinion by Justice Breyer, with whom Justice Gins
burg joins, concurring in part and concurring in the judgment. Justice
Stevens took no part in the decision of this case.
No. 08–1457. New Process Steel, L. P., Petitioner v. National Labor
Relations Board. On writ of certiorari to the United States Court of
Appeals for the Seventh Circuit. Judgment reversed, and case re
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manded to the United States Court of Appeals for the Seventh Circuit
for further proceedings consistent with the opinion of this Court. Opin
ion by Justice Stevens. Dissenting opinion by Justice Kennedy, with
whom Justice Ginsburg, Justice Breyer, and Justice Sotomayor join.
Motion Denied
No. 09–7870 (09A1218). Ronnie Lee Gardner, Petitioner v. Hank
Galetka, Warden. Application for stay of execution of sentence of death
presented to Justice Sotomayor and by her referred to the Court de
nied. Motion for leave to file a petition for rehearing denied.
Certiorari Denied
No. 09–11378 (09A1222). Ronnie Lee Gardner, Petitioner v. Utah.
Application for stay of execution of sentence of death presented to
Justice Sotomayor and by her referred to the Court denied. Petition
for writ of certiorari to the Supreme Court of Utah denied. Justice
Stevens and Justice Breyer would grant the application for stay of
execution. See Johnson v. Bredesen, 558 U. S. –––, ––– (2009)
(Stevens, J., joined by Breyer, J., respecting denial of certiorari) (slip
op., at 1–2).
Certiorari Denied
No. 09–11439 (09A1229). Ronnie Lee Gardner, Petitioner v. Curtis
Garner, Chairman, Utah Board of Pardons and Parole, et al. Applica
tion for stay of execution of sentence of death presented to Justice
Sotomayor and by her referred to the Court denied. Petition for writ
of certiorari to the United States Court of Appeals for the Tenth Cir
cuit denied.
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Certiorari—Summary Dispositions
Court of Appeals for the Fifth Circuit for further consideration in light
of Carachuri-Rosendo v. Holder, 560 U. S. ––– (2010).
No. 09–955. Richard Lawrence Alexis, Petitioner v. Eric H.
Holder, Jr., Attorney General. 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 Carachuri-Rosendo v. Holder, 560 U. S. ––– (2010).
No. 09–5373. Robert Bryant Melson, Petitioner v. Richard F. Allen,
Commissioner, Alabama Department of Corrections. Petition for re
hearing granted. Order entered October 5, 2009, denying the petition
for writ of certiorari vacated. On petition for writ of certiorari to the
United States Court of Appeals for the Eleventh 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 Eleventh Circuit for further
consideration in light of Holland v. Florida, 560 U. S. ––– (2010).
No. 09–5386. Omar C. Fernandez, Petitioner v. Eric H. Holder, Jr.,
Attorney General. On petition for writ of certiorari to the United
States Court of Appeals for the Seventh Circuit. Motion of petitioner
for leave to proceed in forma pauperis and petition for writ of certio
rari granted. Judgment vacated, and case remanded to the United
States Court of Appeals for the Seventh Circuit for further consider
ation in light of Carachuri-Rosendo v. Holder, 560 U. S. ––– (2010).
No. 09–5776. Ernest Whitfield, Petitioner v. Walter A. McNeil, Sec
retary, Florida Department of Corrections, et al. On petition for writ
of certiorari to the United States Court of Appeals for the Eleventh
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 Eleventh Cir
cuit for further consideration in light of Holland v. Florida, 560 U. S.
––– (2010).
No. 09–7493. James D. Ford, Petitioner v. Walter A. McNeil, Secre
tary, Florida Department of Corrections, et al. On petition for writ of
certiorari to the United States Court of Appeals for the Eleventh Cir
cuit. Motion of petitioner for leave to proceed in forma pauperis and
petition for writ of certiorari granted. Judgment vacated, and case re
manded to the United States Court of Appeals for the Eleventh Circuit
for further consideration in light of Holland v. Florida, 560 U. S. –––
(2010).
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Certiorari Granted
No. 09–329. Chase Bank USA, N. A., Petitioner v. James A. McCoy,
Individually and on Behalf of All Others Similarly Situated. Petition
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit granted.
No. 09–529. Virginia Office for Protection and Advocacy, Petitioner
v. James W. Stewart, III, Commissioner, Virginia Department of Be
havioral Health and Developmental Services, et al. Petition for writ
of certiorari to the United States Court of Appeals for the Fourth
Circuit granted.
No. 09–996. James Walker, Warden, et al., Petitioners v. Charles W.
Martin. Motion of respondent for leave to proceed in forma pauperis
granted. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit granted.
Certiorari Denied
No. 09–654. Ortho Biotech Products, L. P., Petitioner v. United
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Mandamus Denied
No. 09–10292. In Re Linda S. Raynor, Petitioner;
No. 09–10805. In Re Barry Joe Smith, Sr., Petitioner; and
No. 09–10809. In Re Paulino Granda, Petitioner. Petitions for writs
of mandamus denied.
Rehearings Denied
No. 09–790. Edmund Zagorski, Petitioner v. Ricky Bell, Warden;
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Attorney Discipline
Opinions
No. 09–475. Monsanto Company, et al., Petitioners v. Geertson Seed
Farms, et al. On writ of certiorari to the United States Court of Ap
peals for the Ninth Circuit. Judgment reversed, and case remanded to
the United States Court of Appeals for the Ninth Circuit for further
proceedings consistent with the opinion of this Court. Opinion by Jus
tice Alito. Dissenting opinion by Justice Stevens. Justice Breyer took
no part in the consideration or decision of this case.
No. 08–1553. Kawasaki Kisen Kaisha Ltd., et al., Petitioners v.
Regal-Beloit Corporation, et al.; and
No. 08–1554. Union Pacific Railroad Company, Petitioner v. Regal-
Beloit Corporation, et al. On writs of certiorari to the United States
Court of Appeals for the Ninth Circuit. Judgment reversed, and cases
remanded to the United States Court of Appeals for the Ninth Circuit
for further proceedings consistent with the opinion of this Court. Opin
ion by Justice Kennedy. Dissenting opinion by Justice Sotomayor, with
whom Justice Stevens, and Justice Ginsburg join.
No. 09–497. Rent-A-Center, West, Inc., Petitioner v. Antonio Jack
son. On writ of certiorari to the United States Court of Appeals for
the Ninth Circuit. Judgment reversed. Opinion by Justice Scalia. Dis
senting opinion by Justice Stevens, with whom Justice Ginsburg, Jus
tice Breyer, and Justice Sotomayor join.
No. 08–1498. Eric H. Holder, Jr., Attorney General, et al., Petition
ers v. Humanitarian Law Project, et al.; and
No. 09–89. Humanitarian Law Project, et al., Petitioners v. Eric H.
Holder, Jr., Attorney General, et al. On writs of certiorari to the United
States Court of Appeals for the Ninth Circuit. Judgment affirmed in
part and reversed in part, and the cases are remanded to the United
States Court of Appeals for the Ninth Circuit for further proceedings
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consistent with the opinion of this Court. Opinion by The Chief Justice.
Dissenting opinion announced by Justice Breyer, with whom Justice
Ginsburg and Justice Sotomayor join.
Berry Sullivan
Sullivan
Sullivan
Sullivan
Sullivan
MI Sullivan
Sullivan
Sullivan
Sullivan
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Gallagher Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
Lazarus
VA Lazarus
Ruth Noemi Colon White Plains, NY Telesforo Del
Valle, Jr.
Norma I. Melendez New York, NY Telesforo Del
Valle, Jr.
Francis Acevedo Bronx, NY Telesforo Del
Valle, Jr.
Michael Arce Bronx, NY Telesforo Del
Valle, Jr.
Neysa Iris Alsina Batista New York, NY Telesforo Del
Valle, Jr.
Maritza Felicidad Bolano New York, NY Telesforo Del
Valle, Jr.
Yolanda Castro-Arce Bronx, NY Telesforo Del
Valle, Jr.
Lizette Colon New York City, Telesforo Del
NY Valle, Jr.
Angel Cruz Bronx, NY Telesforo Del
Valle, Jr.
Francisco Cruz New York, NY Telesforo Del
Valle, Jr.
Lumarie Maldonado Cruz Bronx, NY Telesforo Del
Valle, Jr.
Michele Davila Bronx, NY Telesforo Del
Valle, Jr.
Wayne L. Gladstone New York, NY Telesforo Del
Valle, Jr.
Lizbeth Gonzalez Bronx, NY Telesforo Del
Valle, Jr.
Miriam Maria Gonzalez New York, NY Telesforo Del
Valle, Jr.
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Opinions
No. 08–1394. Jeffrey K. Skilling, Petitioner v. United States. On writ
of certiorari to the United States Court of Appeals for the Fifth Cir
cuit. Judgment affirmed in part, vacated in part, and case remanded to
the United States Court of Appeals for the Fifth Circuit for further
proceedings consistent with the opinion of this Court. Opinion by Jus
tice Ginsburg. Opinion by Justice Scalia, with whom Justice Thomas
joins, and with whom Justice Kennedy joins except as to Part III,
concurring in part and concurring in the judgment. Opinion by Justice
Alito, concurring in part and concurring in the judgment. Opinion by
Justice Sotomayor, with whom Justice Stevens and Justice Breyer join,
concurring in part and dissenting in part.
No. 08–876. Conrad M. Black, John A. Boultbee, and Mark S. Kipnis,
Petitioners v. United States. On writ of certiorari to the United States
Court of Appeals for the Seventh Circuit. Judgment vacated, and case
remanded to the United States Court of Appeals for the Seventh Cir
cuit for further proceedings consistent with the opinion of this Court.
Opinion by Justice Ginsburg. Opinion by Justice Scalia, with whom
Justice Thomas joins, concurring in part and concurring in the judg
ment. Opinion by Justice Kennedy, concurring in part and concurring
in the judgment.
No. 08–1196. Bruce Weyhrauch, Petitioner v. United States. On writ
of certiorari to the United States Court of Appeals for the Ninth Cir
cuit. Judgment vacated, and case remanded to the United States Court
of Appeals for the Ninth Circuit for further consideration in light of
Skilling v. United States, 561 U. S. ––– (2010). Opinion per curiam
announced by Justice Ginsburg.
No. 08–1214. Granite Rock Company, Petitioner v. International
Brotherhood of Teamsters, et al. On writ of certiorari to the United
States Court of Appeals for the Ninth Circuit. Judgment reversed in
part, affirmed in part, and case remanded to the United States Court
of Appeals for the Ninth Circuit for further proceedings consistent
with the opinion of this Court. Opinion by Justice Thomas. Opinion by
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Certiorari—Summary Dispositions
No. 09–213. Northeastern Land Services, Ltd., dba The NLS Group,
Petitioner v. National Labor Relations Board. On petition for writ of
certiorari to the United States Court of Appeals for the First Circuit.
Petition for writ of certiorari granted. Judgment vacated, and case
remanded to the United States Court of Appeals for the First Circuit
for further consideration in light of New Process Steel, L. P. v. NLRB,
560 U. S. ––– (2010).
No. 09–328. Snell Island SNF, LLC, dba Shore Acres Rehabilitation
and Nursing Center, LLC, et al., Petitioners v. National Labor Rela
tions Board. On petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit. Petition for writ of certiorari
granted. Judgment vacated, and case remanded to the United States
Court of Appeals for the Second Circuit for further consideration in
light of New Process Steel, L. P. v. NLRB, 560 U. S. ––– (2010).
No. 09–787. Union Pacific Railroad Company, Petitioner v. Sompo
Japan Insurance Company of America, et al.; and Union Pacific Rail
road Company, Petitioner v. Sompo Japan Insurance Company of
America. On petition for writ of certiorari to the United States Court
of Appeals for the Second Circuit. Petition for writ of certiorari
granted. Judgment vacated, and case remanded to the United States
Court of Appeals for the Second Circuit for further consideration in
light of Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp., 561 U. S.
––– (2010). Justice Sotomayor took no part in the consideration or deci
sion of this petition.
No. 09–1318. Glenn C. Henderson, Petitioner v. Sony Pictures, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Ninth Circuit. Because the Court lacks a quorum, 28 U. S. C.
§ 1, and since the only qualified Justice is of the opinion that the case
cannot be heard and determined at the next Term of Court, the judg
ment is affirmed under 28 U. S. C. § 2109, which provides that under
these circumstances “the court shall enter its order affirming the judg
ment of the court from which the case was brought for review with the
same effect as upon affirmance by an equally divided court.” The Chief
Justice, Justice Stevens, Justice Scalia, Justice Kennedy, Justice
Thomas, Justice Ginsburg, Justice Breyer, and Justice Alito took no
part in the consideration or decision of this petition.
No. 09–9751. Dora Olga Cantu Chapa, Petitioner v. United States.
On petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit. Motion of petitioner for leave to proceed in forma
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Certiorari Granted
No. 09–115. Chamber of Commerce of the United States, et al., Peti
tioners v. Criss Candelaria, et al. Petition for writ of certiorari to the
United States Court of Appeals for the Ninth Circuit granted.
No. 09–525. Janus Capital Group, Inc., et al., Petitioners v. First
Derivative Traders. Petition for writ of certiorari to the United States
Court of Appeals for the Fourth Circuit granted.
No. 09–1036. David L. Henderson, Petitioner v. Eric K. Shinseki,
Secretary of Veterans Affairs. Petition for writ of certiorari to the
United States Court of Appeals for the Federal Circuit granted.
No. 09–1163. Glen Scott Milner, Petitioner v. Department of the
Navy. Petition for writ of certiorari to the United States Court of Ap
peals for the Ninth Circuit granted.
No. 09–804. CIGNA Corporation, et al., Petitioners v. Janice C.
Amara, et al., Individually and on Behalf of All Others Similarly Situ
ated. Petition for writ of certiorari to the United States Court of Ap
peals for the Second Circuit granted. Justice Sotomayor took no part
in the consideration or decision of this petition.
No. 09–6822. Jason Pepper, 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 Eighth
Circuit granted.
Certiorari Denied
No. 08–1515. Golden Gate Restaurant Association, Petitioner v. City
and County of San Francisco, California, et al. Petition for writ of cer
tiorari to the United States Court of Appeals for the Ninth Circuit
denied.
No. 09–1. Holy See, Petitioner v. John V. Doe. Petition for writ of
certiorari to the United States Court of Appeals for the Ninth Circuit
denied.
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certiorari to the United States Court of Appeals for the Eleventh Cir
cuit denied.
No. 09–10454. Anthony Falso, Petitioner v. Salzman Group, Inc.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied.
No. 09–10458. Richard Martinez, Petitioner v. Aristedes W. Zavaras,
Executive Director, Colorado Department of Corrections, et al. Peti
tion for writ of certiorari to the United States Court of Appeals for
the Tenth Circuit denied.
No. 09–10465. Alfonzo Bailey, Petitioner v. Gene M. Johnson, Direc
tor, Virginia Department of Corrections. Petition for writ of certiorari
to the United States Court of Appeals for the Fourth Circuit denied.
No. 09–10469. Craig L. Bowens, Petitioner v. California. Petition for
writ of certiorari to the Court of Appeal of California, First Appellate
District, denied.
No. 09–10475. Dexter Darnell Johnson, Petitioner v. Texas. Petition
for writ of certiorari to the Court of Criminal Appeals of Texas denied.
No. 09–10480. Tony A. Wilson, Petitioner v. Howard E. Emond, Jr.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied.
No. 09–10497. Kerry Perez, Petitioner v. Ohio. Petition for writ of
certiorari to the Supreme Court of Ohio denied.
No. 09–10506. Hae Lee, Petitioner v. Eric H. Holder, Jr., Attorney
General. Petition for writ of certiorari to the United States Court of
Appeals for the Ninth Circuit denied.
No. 09–10529. Albert Horace Griffin, Petitioner v. Department of
the Army. Petition for writ of certiorari to the United States Court of
Appeals for the First Circuit denied.
No. 09–10568. Anthony L. Fletcher, Petitioner v. Greg Simms, et al.
Petition for writ of certiorari to the United States Court of Appeals
for the Seventh Circuit denied.
No. 09–10574. Timothy Trimble, Petitioner v. Social Security Ad
ministration. Petition for writ of certiorari to the United States Court
of Appeals for the Eleventh Circuit denied.
No. 09–10594. Freddie A. Land, Petitioner v. Florida. Petition for
writ of certiorari to the District Court of Appeal of Florida, Second
District, denied.
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for writ of certiorari to the United States Court of Appeals for the
Third Circuit denied.
No. 09–10785. William Henry Harrison, aka Allah-God Kundalini Isa
Allah, Petitioner v. Harrell Watts, et al. Petition for writ of certiorari
to the United States Court of Appeals for the Fourth Circuit denied.
No. 09–10793. Adron L. Floyd, Petitioner v. Lawrence A. Stelma,
Sheriff, Kent County, Michigan, et al. Petition for writ of certiorari to
the United States Court of Appeals for the Sixth Circuit denied.
No. 09–10797. Maria Jackson, Petitioner v. The Scotts Company.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied.
No. 09–10801. Jason L. Schmidt, Petitioner v. Montana. Petition for
writ of certiorari to the Supreme Court of Montana denied.
No. 09–10826. Phillip Eugene Parmley, Petitioner v. Ray Hobbs, In
terim Director, Arkansas Department of Correction. Petition for writ
of certiorari to the United States Court of Appeals for the Eighth
Circuit denied.
No. 09–10830. Jack Harold Jones, Jr., Petitioner v. Ray Hobbs, In
terim Director, Arkansas Department of Correction. Petition for writ
of certiorari to the United States Court of Appeals for the Eighth
Circuit denied.
No. 09–10851. David E. Burdette, Petitioner v. Fred Britten, War
den. Petition for writ of certiorari to the United States Court of Ap
peals for the Eighth Circuit denied.
No. 09–10874. Timothy Wilbourn, Petitioner v. Illinois. Petition for
writ of certiorari to the Appellate Court of Illinois, Fourth District,
denied.
No. 09–10887. Mary Antoinette Robinson, Petitioner v. Supreme
Court of the United States. Petition for writ of certiorari to the United
States Court of Appeals for the Seventh Circuit denied.
No. 09–10895. Margaret M. Considine, Petitioner v. National Credit
Union Administration. Petition for writ of certiorari to the United
States Court of Appeals for the Federal Circuit denied.
No. 09–10897. Shannon L. Clark, Petitioner v. William C. Sherrill,
Jr., Magistrate Judge, United States District Court for the Northern
District of Florida. Petition for writ of certiorari to the United States
Court of Appeals for the District of Columbia Circuit denied.
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tion for leave to file a brief as amicus curiae granted. Petition for writ
of certiorari to the Supreme Court of Puerto Rico denied.
No. 09–438. Providence Hospital, et al., Petitioners v. Johnella Rich
mond Moses, Personal Representative of the Estate of Marie Moses-
Irons, Deceased. Motion of Michigan Health & Hospital Association for
leave to file a brief as amicus curiae granted. Petition for writ of cer
tiorari to the United States Court of Appeals for the Sixth Circuit
denied.
No. 09–930. Kenyon B. Fitzgerald, Jr., et al., Petitioners v. Wade
F. B. Thompson, et al. Motion of American Legion, Department of New
York for leave to file a brief as amicus curiae out of time denied.
Petition for writ of certiorari to the United States Court of Appeals
for the Second Circuit denied. Justice Sotomayor took no part in the
consideration or decision of this motion and this petition.
No. 09–1149. City of Warren, Michigan, et al., Petitioners v. Jeffrey
Michael Moldowan. Motion of National Fraternal Order of Police for
leave to file a brief as amicus curiae granted. Motion of National Asso
ciation of Police Organizations, et al. for leave to file a brief as amici
curiae granted. Petition for writ of certiorari to the United States
Court of Appeals for the Sixth Circuit denied.
No. 09–1150. Universal Trading & Investment Company, Inc., Peti
tioner v. Petro Mikolayevich Kiritchenko, et al. Motion of petitioner to
defer consideration of the petition for writ of certiorari denied. Petition
for writ of certiorari to the United States Court of Appeals for the
Ninth Circuit denied.
No. 09–1175. Ferring B.V., et al., Petitioners v. Meijer, Inc., et al.
Motion of Intellectual Property Owners Association for leave to file a
brief as amicus curiae granted. Petition for writ of certiorari to the
United States Court of Appeals for the Second Circuit denied. Justice
Sotomayor took no part in the consideration or decision of this motion
and this petition.
No. 09–1229. Michael Lonecke, et al., Petitioners v. Citigroup Pen
sion Plan, et al. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied. Justice Sotomayor took
no part in the consideration or decision of this petition.
No. 09–1310. Jill Lindsay, et al., Petitioners v. Association of Profes
sional Flight Attendants, et al. Petition for writ of certiorari to the
United States Court of Appeals for the Second Circuit denied. Justice
Sotomayor took no part in the consideration or decision of this petition.
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tion for writ of certiorari to the United States Court of Appeals for
the Second Circuit dismissed. See Rule 39.8.
No. 09–11031. George Tonks, Petitioner v. United States. Petition
for writ of certiorari to the United States Court of Appeals for the
Second Circuit denied. Justice Sotomayor took no part in the consider
ation or decision of this petition.
No. 09–11052. Floyd Junior Powell, Petitioner v. Tony A. Keller,
et al. Motion of petitioner for leave to proceed in forma pauperis de
nied, and petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit dismissed. See Rule 39.8.
Mandamus Denied
No. 09–9861. In Re Akhil Bansal, Petitioner;
No. 09–10381. In Re Timothy Wilkins, Petitioner;
No. 09–10676. In Re Frederick M. Torrence, Petitioner; and
No. 09–11036. In Re Olee Wonzo Robinson, Petitioner. Petitions for
writs of mandamus denied.
No. 09–10456. In Re Rudi Rivas, Petitioner. Motion of petitioner for
leave to proceed in forma pauperis denied, and petition for writ of
mandamus dismissed. See Rule 39.8.
Rehearings Denied
No. 08–6726. Tyrone Ingram, Petitioner v. Warden, River Bend De
tention Center;
No. 09–825. George E. Burdick, Petitioner v. Pritchett & Birch,
PLLC, et al.;
No. 09–900. Linda Anita Carty, Petitioner v. Rick Thaler, Director,
Texas Department of Criminal Justice, Correctional Institutions
Division;
No. 09–8544. Marjil Lee Bergara, Petitioner v. United States;
No. 09–8986. Joan Ochei, Petitioner v. All Care/Onward Health
care, et al.;
No. 09–9150. Gloria D. Smith, Petitioner v. Estes Express;
No. 09–9323. Jerome Julius Brown, Petitioner v. Howard County
Police Department, et al.;
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Appeal—Summary Disposition
No. 09–1287. Republican National Committee, et al., Appellants v.
Federal Election Commission, et al. Appeal from the United States
District Court for the District of Columbia. Judgment affirmed. Justice
Scalia, Justice Kennedy, and Justice Thomas would note probable juris
diction and set the case for oral argument.
Certiorari—Summary Dispositions
No. 08–1497. National Rifle Association of America, Inc., et al., Peti
tioners v. City of Chicago, Illinois, et al. Petition for writ of certiorari
to the United States Court of Appeals for the Seventh Circuit. The
Court reversed the judgment below in McDonald v. Chicago, 561 U. S.
––– (2010). Therefore, petition for writ of certiorari granted, and case
remanded to the United States Court of Appeals for the Seventh Cir
cuit for further proceedings.
No. 08–1509. Classen Immunotherapies, Inc., Petitioner v. Biogen
IDEC, et al. On petition for writ of certiorari to the United States
Court of Appeals for the Federal Circuit. Petition for writ of certiorari
granted. Judgment vacated, and case remanded to the United States
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Certiorari Granted
No. 09–291. Eric L. Thompson, Petitioner v. North American Stain
less, LP. Petition for writ of certiorari to the United States Court of
Appeals for the Sixth Circuit granted.
Certiorari Denied
No. 08–1501. Lewis Ferguson, et al., Petitioners v. Patent and
Trademark Office. Petition for writ of certiorari to the United States
Court of Appeals for the Federal Circuit denied.
No. 09–9365. Henry Louis Wallace, Petitioner v. Gerald J. Branker,
Warden. Petition for writ of certiorari to the United States Court of
Appeals for the Fourth Circuit denied.
No. 09–34. Pfizer Inc., Petitioner v. Rabi Abdullahi, et al. Motion of
Washington Legal Foundation, et al. for leave to file a brief as amici
curiae granted. Petition for writ of certiorari to the United States
Court of Appeals for the Second Circuit denied. The Chief Justice and
Justice Sotomayor took no part in the consideration or decision of this
motion and this petition.
Allotment Order
It is ordered that the following allotment be made of The Chief Jus
tice and the Associate Justices of this Court among the circuits, pursu
ant to Title 28, United States Code, Section 42 and that such allotment
be entered of record, effective June 29, 2010.
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Rehearings Denied
No. 08–1470. Mary Berghuis, Warden, Petitioner v. Van Chester
Thompkins;
No. 09–862. John Anthony Magyar, Petitioner v. Mississippi;
No. 09–1081. Victor Muresan, et ux., Petitioners v. Brian Fish,
et ux., et al.;
No. 09–1092. Shedran Williams, Petitioner v. Louisiana;
No. 09–1166. Reza H. Ahmadi, Petitioner v. Static Control Compo
nents, Inc.;
No. 09–1202. Cyrus Y. Kim, Petitioner v. City of Federal Way,
Washington;
No. 09–1207. Joseph P. Carson, Petitioner v. Merit Systems Protec
tion Board;
No. 09–1239. Gerald E. Juels, Petitioner v. United States Postal
Service;
No. 09–1250. Richard I. Fine, Petitioner v. Leroy D. Baca, Sheriff,
Los Angeles County, California, et al.;
No. 09–1304. Padma Rao, Petitioner v. City of Evanston, Illinois;
No. 09–1306. Michael L. Montalvo, Petitioner v. United States;
JNL09$0726—08-03-10 07:25:28 JOURNAPGT MILES
Attorney Discipline
No. D–2451. In the Matter of Disbarment of Ben J. Zander. Disbar
ment order entered.
No. D–2474. In the Matter of Discipline of Bradley R. Marshall.
Bradley R. Marshall, of Seattle, Washington, is suspended from the
practice of law in this Court and a rule will issue, returnable within
40 days, requiring him to show cause why he should not be disbarred
from the practice of law in this Court.
No. D–2475. In the Matter of Discipline of Howard L. Blau. Howard
L. Blau, of New York, New York, is suspended from the practice of law
in this Court and a rule will issue, returnable within 40 days, requiring
him to show cause why he should not be disbarred from the practice
of law in this Court.
No. D–2476. In the Matter of Discipline of Steven R. Lapidus. Steven
R. Lapidus, of Wainscott, New York, is suspended from the practice of
law in this Court and a rule will issue, returnable within 40 days,
requiring him to show cause why he should not be disbarred from the
practice of law in this Court.
JNL09$0726—08-03-10 07:25:28 JOURNAPGT MILES
Maloney
Oliver
David M. Schwartz Washington, DC Herman Schwartz
Richard J. Sharp Shelby Twp., MI Arthur Jay Weiss
Mark Jonathan Sherer Washington, DC Christian John
Mixter
Meggan Elizabeth Smith Louisville, KY Dennis James
Burke
Philip G. Spellane Pittsford, NY Paul R.
Braunsdorf
Steven Louis Stemerman San Francisco, CA William David
Holsberry
Holifield
Jay Thomas Thompson Columbia, SC Stephen George
Morrison
Francis Douglas Tuffley Bainbridge Island, Melissa
WA O’Loughlin
White
James E. Tyrrell, Jr. Newark, NJ John McGahren
Gregg Minoru Ushiroda Honolulu, HI Melvyn Ming
Miyagi
Douglas G. Wardlow Minneapolis, MN Andrew D. Parker
Jerome William Wesevich El Paso, TX David Gray Hall
Amy Whelan San Francisco, CA Michael W. Bien
Damon W. D. Wright Alexandria, VA Peter W. D.
Wright
Roger G. Wright Frankfort, KY Vickie L. Wise
Angela C. Wu Washington, DC Eric Christopher
Rassbach
Barbara J. Zabawa Madison, WI Richard J.
Lewandowski