Lapas attēli
PDF
ePub
[blocks in formation]

impeach documentary evidence which gave a criminal defendant, placed at the scene of the crime by several witnesses, an apparently airtight alibi-that he was confined in jail in another county when the crime occurred. The manner in which these records might be impeached, whether by showing potential inaccuracies in the methods by which they were kept, or by showing other deficiencies in the office that was responsible for keeping the records, must under our system be left to the discretion of the trial judge. In Lisenba v. California, 314 U. S., at 227-228, this Court said:

"The Fourteenth Amendment leaves California free to adopt a rule of relevance which the court below holds was applied here in accordance with the state's law."

This Court has even gone so far as to overturn a trial judge's ruling limiting cross-examination, stating that under the Confrontation Clause of the United States Constitution,

"[s]ubject always to the broad discretion of a trial judge to preclude repetitive and unduly harassing interrogation, the cross-examiner is not only permitted to delve into the witness' story to test the witness' perceptions and memory, but the cross-examiner has traditionally been allowed to impeach, i. e., discredit, the witness." Davis v. Alaska, 415 U. S., at 316.

By failing to heed the rulings in Lisenba and Davis, the Court of Appeals impermissibly intruded federal habeas review into essentially discretionary rulings of a state trial judge on a hotly contested issue at trial. I would grant certiorari to review its judgment.

No. 83-171. TRANSAMERICA COMPUTER CO., INC. v. INTERNATIONAL BUSINESS MACHINES CORP. C. A. 9th Cir. Certiorari denied. JUSTICE BLACKMUN took no part in the consideration or decision of this petition. Reported below: 698 F. 2d 1377.

No. 83-418. AFFELDT ET AL. v. J. C. PENNEY CO. C. A. 6th Cir. Certiorari denied. JUSTICE BLACKMUN took no part in the consideration or decision of this petition. Reported below: 714 F. 2d 138.

No. 83-190. ABATTI FARMS, INC., ET AL. v. AGRICULTURAL LABOR RELATIONS BOARD ET AL. Ct. App. Cal., 4th App. Dist. Motion of Western Growers Association for leave to file a brief as amicus curiae granted. Certiorari denied.

No. 83-272.

October 31, November 4, 7, 1983

464 U. S.

BASIC CONSTRUCTION Co. v. UNITED STATES. C. A. 4th Cir. Certiorari denied. JUSTICE POWELL took no part in the consideration or decision of this petition. Reported below: 711 F.2d 570.

No. 83-282. WILSON ET AL. v. BLOCK, SECRETARY OF AGRICULTURE, ET AL. C. A. D. C. Cir. Certiorari denied. JUSTICE O'CONNOR took no part in the consideration or decision of this petition. Reported below: 228 U. S. App. D. C. 166, 708 F. 2d 735.

No. 83-388. E-SYSTEMS, INC., ET AL. v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, ET AL. C. A. 5th Cir. Motion of respondent Howard R. Clymer for leave to proceed in forma pauperis granted. Certiorari denied. Reported below: 694 F. 2d 720.

No. 83-5025. LARSEN v. SIELAFF ET AL. C. A. 7th Cir. Certiorari denied. JUSTICE BRENNAN and JUSTICE MARSHALL would grant certiorari. Reported below: 702 F. 2d 116.

No. 83-5329. BUFORD v. WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS. Sup. Ct. Fla.; and

No. 83-5354. AMADEO v. KEMP, SUPERINTENDENT, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER. Sup. Ct. Ga. Certiorari denied. Reported below: No. 83-5329, 428 So. 2d 1389.

JUSTICE BRENNAN and JUSTICE MARSHALL, dissenting.

Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases.

NOVEMBER 4, 1983

Dismissal Under Rule 53

No. 83-389. FILCO ET AL. v. AMANA REFRIGERATION, INC., ET AL. C. A. 9th Cir. Certiorari dismissed under this Court's Rule 53. Reported below: 709 F. 2d 1257.

Appeals Dismissed

NOVEMBER 7, 1983

No. 83-430. HEIMBACH, COUNTY EXECUTIVE OF ORANGE COUNTY, ET AL. v. NEW YORK ET AL. Appeal from Ct. App.

[blocks in formation]

N. Y. dismissed for want of substantial federal question. Reported below: 59 N. Y. 2d 891, 452 N. E. 2d 1264.

No. 83-449. BURKE DISTRIBUTING CORP., DBA B & W TRANSPORTATION, ET AL. v. MASSACHUSETTS. Appeal from Sup. Jud. Ct. Mass. dismissed for want of substantial federal question. Reported below: 388 Mass. 799, 448 N. E. 2d 728.

No. 83-467. PAULSON ET AL. v. COUNTY OF PIERCE. Appeal from Sup. Ct. Wash. dismissed for want of substantial federal question. Reported below: 99 Wash. 2d 645, 664 P. 2d 1202.

Certiorari Granted-Vacated and Remanded.

82-6848, ante, p. 44.)

(See also No.

No. 82-1712. SUMNER, WARDEN v. MATA. C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded with directions to dismiss the appeal as moot. JUSTICE STEVENS would deny certiorari. Reported below: 696 F. 2d 1244.

Miscellaneous Orders

No. A-310 (82-6982). NARCISSE v. LOUISIANA, ante, p. 865. Application to suspend the effect of the order denying certiorari pending action on the petition for rehearing, addressed to JUSTICE BRENNAN and referred to the Court, denied. JUSTICE BRENNAN and JUSTICE MARSHALL would grant the application.

No. D-345. IN RE DISBARMENT OF WALGREN. Disbarment entered. [For earlier order herein, see 461 U. S. 941.]

No. D-355. IN RE DISBARMENT OF GELB. Disbarment entered. [For earlier order herein, see 462 U. S. 1103.]

Disbarment

No. D-357. IN RE DISBARMENT OF HARTHUN. entered. [For earlier order herein, see 462 U. S. 1103.]

No. D-358. IN RE DISBARMENT OF SHEEHAN. Disbarment entered. [For earlier order herein, see 462 U. S. 1103.]

No. D-359. IN RE DISBARMENT OF MCCOMB. Disbarment entered. [For earlier order herein, see 462 U. S. 1104.]

No. D-360. IN RE DISBARMENT OF TABENKEN. Disbarment entered. [For earlier order herein, see 462 U. S. 1114.]

[blocks in formation]

No. D-363. IN RE DISBARMENT OF GIGLIOTTI. Disbarment entered. [For earlier order herein, see 462 U. S. 1128.]

No. D-364. IN RE DISBARMENT OF DOWNES. Disbarment entered. [For earlier order herein, see 463 U. S. 1204.]

No. D-381. IN RE DISBARMENT OF CAIRO. It is ordered that Victor C. Cairo, of Racine, Wis., be suspended from the practice of law in this Court and that a rule 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-384. IN RE DISBARMENT OF BIZAR. It is ordered that Philip Harold Bizar, of Highland Park, Ill., be suspended from the practice of law in this Court and that a rule 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-385. IN RE DISBARMENT OF DRAWDY. It is ordered that J. Wesley Drawdy, of Columbia, S. C., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

It is ordered

No. D-386. IN RE DISBARMENT OF PERLOW. that Solomon Perlow, of Lawrence, N. Y., be suspended from the practice of law in this Court and that a rule 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-387. IN RE DISBARMENT OF MANDELL. It is ordered that Irving Mandell, of Valley Stream, N. Y., be suspended from the practice of law in this Court and that a rule 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. 82-485.

KEETON V. HUSTLER MAGAZINE, INC., ET AL. C. A. 1st Cir. [Certiorari granted, 459 U. S. 1169.] Treating the telegram of David L. Kahn, Esquire, received November 3, 1983, as a motion of Larry Flynt for leave to present oral argument pro se, the motion is denied. Stephen M. Shapiro, Esquire, of Chicago, Ill., is invited to present oral argument as amicus curiae in support of the judgment below.

[blocks in formation]

No. 82-940. HISHON v. KING & SPALDING. C. A. 11th Cir. [Certiorari granted, 459 U. S. 1169.] Motion of petitioner for leave to file reply brief out of time denied.

No. 83-5384.

BOYLAN v. UNITED STATES POSTAL SERVICE. C. A. 11th Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until November 28, 1983, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

JUSTICE BRENNAN, JUSTICE MARSHALL, and JUSTICE BLACKMUN, dissenting.

For the reasons expressed in Brown v. Herald Co., ante, p. 928, we would deny the petition for certiorari in this case without reaching the merits of the motion to proceed in forma pauperis.

No. 83-5440. IN RE GREEN; and

No. 83-5444.

mus denied.

IN RE PERCHARO. Petitions for writs of manda

IN RE PERCHARO.

Certiorari Granted

No. 83-18.

DUN & BRADSTREET, INC. v. GREENMOSS BUILD-
Reported below:

ERS, INC. Sup. Ct. Vt. Certiorari granted.
143 Vt. 66, 461 A. 2d 414.

No. 83-317. BLOCK, SHERIFF OF THE COUNTY OF LOS ANGELES, ET AL. v. RUTHERFORD ET AL. C. A. 9th Cir. Motion of respondent Dennis Rutherford for leave to proceed in forma pauperis and certiorari granted. Reported below: 710 F. 2d 572.

No. 83-321.

No. 83-322.

WALLER v. GEORGIA; and

COLE ET AL. v. GEORGIA. Sup. Ct. Ga. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: 251 Ga. 124, 303 S. E. 2d 437.

Certiorari Denied

No. 82-538. GODOY, AKA WOOD v. UNITED STATES. 9th Cir. Certiorari denied. Reported below: 678 F. 2d 84. No. 82-2082. LARSEN ET AL. v. FISHER; and

C. A.

No. 82-2130. FISHER v. LARSEN ET AL. Ct. App. Cal., 4th App. Dist. Certiorari denied. Reported below: 138 Cal. App. 3d 627, 188 Cal. Rptr. 216.

« iepriekšējāTurpināt »