No. 82-1986. WASHINGTON COUNTY HOSPITAL ASSN., INC. v. MORRISON, ADMINISTRATRIX OF THE ESTATE OF MORRISON. C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied. Certiorari denied. Reported below:

700 F. 2d 678.

No. 82-2156. HENDERSON, SUPERINTENDENT, AUBURN CORRECTIONAL FACILITY v. SILVERSTEIN. C. A. 2d Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied. Reported below: 706 F. 2d 361.

No. 83-175. CATHOLIC HOME BUREAU v. DOE. C. A. 2d Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied. Reported below: 709 F. 2d 782.

No. 82-1836. KEENE CORP. v. UNITED STATES. C. A. 2d Cir. Certiorari denied. JUSTICE BRENNAN took no part in the consideration or decision of this petition. Reported below: 700 F. 2d 836.

No. 82-1890. CINCINNATI CITY SCHOOL DISTRICT BOARD OF EDUCATION ET AL. v. RONCKER, ON BEHALF OF RONCKER. C. A. 6th Cir. Motion of National School Boards Association for leave to file a brief as amicus curiae granted. Certiorari denied. Reported below: 700 F. 2d 1058.

No. 82-2034. ASTILLEROS ESPANOLES, S.A. v. STANDARD OIL Co. (INDIANA) ET AL. C. A. 7th Cir. Certiorari denied. JusTICE WHITE and JUSTICE STEVENS took no part in the consideration or decision of this petition. Reported below: 699 F. 2d 909.

No. 82-2051. GIDDINGS & LEWIS MACHINE TOOL Co. v. POLLAK, JUDGE, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA, ET AL. C. A. 3d Cir. Motion of respondents John and Patricia Trapanese for damages denied. Certiorari denied.

No. 82-2053. SINGLETON V. VIRGINIA ELECTRIC & POWER Co. C. A. 4th Cir. Certiorari denied. JUSTICE POWELL took no part in the consideration or decision of this petition. Reported below: 701 F. 2d 168.

464 U. S.

No. 82-2105.

N. C.;

No. 82-6697.

No. 82-6733.

October 3, 1983

MCDOUGALL v. NORTH CAROLINA. Sup. Ct.

SIMMONS v. ARKANSAS. Sup. Ct. Ark.;
MAGILL v. FLORIDA. Sup. Ct. Fla.;

No. 82-6741. HAYES v. ARKANSAS. Sup. Ct. Ark.;

FLAMER V. DELAWARE.

No. 82-6771.
Sup. Ct. Del.;
No. 82-6852. WILSON v. GEORGIA. Sup. Ct. Ga.;

No. 82-6915. BASS v. ESTELLE, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS. C. A. 5th Cir.;

No. 82-6916. BUSH v. ALABAMA. Sup. Ct. Ala.;

No. 82-6922. DE LA ROSA v. TEXAS. Ct. Crim. App. Tex.; No. 82-6923. FORD V. STRICKLAND, WARDEN, FLORIDA STATE PRISON, ET AL. C. A. 11th Cir.;

No. 82-6933. PRUETT v. MISSISSIPPI. Sup. Ct. Miss.;
No. 82-6937. PORTER v. FLORIDA. Sup. Ct. Fla.;

ARMSTRONG v. FLORIDA.

Sup. Ct. Fla.;

No. 83-5183. DAVIS v. OKLAHOMA. Ct. Crim. App. Okla.; and

No. 83-5227. ADAMSON V. ARIZONA. Sup. Ct. Ariz. Certiorari denied. Reported below: No. 82-2105, 308 N. C. 1, 301 S. E. 2d 308; No. 82-6697, 278 Ark. 305, 645 S. W. 2d 680; No. 82-6733, 428 So. 2d 649; No. 82-6741, 278 Ark. 211, 645 S. W. 2d 662; No. 82-6771, 490 A. 2d 104; No. 82-6852, 250 Ga. 630, 300 S. E. 2d 640; No. 82-6865, 426 So. 2d 533; No. 82-6870, 135 Ariz. 404, 661 P. 2d 1105; No. 82-6876, 94 Ill. 2d 437, 447 N. E. 2d 247; No. 82-6881, 94 Ill. 2d 378, 447 N. E. 2d 218; No. 82-6915, 696 F. 2d 1154 and 705 F. 2d 121; No. 82-6916, 431 So. 2d 563; No. 82-6922, 658 S. W. 2d 162; No. 82-6923, 696 F. 2d 804; No. 82-6933, 431 So. 2d 1101; No. 82-6937, 429 So. 2d 293; No. 82-6982, 426 So. 2d 118; No. 82-6990, 225 Va. 289, 302 S. E. 2d 520; No. 83-5051,

308 N. C. 47, 301 S. E. 2d 335; No. 83-5095, 251 Ga. 113, 303 S. E. 2d 266; No. 83-5145, 429 So. 2d 287; No. 83-5183, 665 P. 2d 1186; No. 83-5227, 136 Ariz. 250, 665 P. 2d 972.

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.

No. 82-2058. NELSON, DBA NELSON HOUSE v. TUSCARORA INTERMEDIATE UNIT NO. 11. Sup. Ct. Pa. Motion of Pennsylvania for leave to intervene as a party respondent granted. Certiorari denied. Reported below: 500 Pa. 458, 457 A. 2d 1260.

No. 82-2075. ARIZONA v. YOUNG. Ct. App. Ariz. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied. JUSTICE O'CONNOR took no part in the consideration or decision of this motion and this petition. Reported below: 135 Ariz. 437, 661 P. 2d 1138.

No. 82-2077. OLSEN ET AL. v. PROGRESSIVE MUSIC SUPPLY, INC., ET AL. C. A. 10th Cir. Motion of petitioners to consolidate case with No. 83-188, Olsen v. CBS Musical Instruments, denied. Motion of respondent Peavey Electronics Corp. for damages denied. Certiorari denied. Reported below: 703 F. 2d 432.

No. 82-2129. HAIDER, AS ADMINISTRATOR OF THE ESTATE OF HAIDER v. MCDONNELL DOUGLAS CORP. ET AL.; and

No. 82-2149. KAHL, SPECIAL ADMINISTRATOR OF THE ESTATE OF KAHL, ET AL. v. MCDONNELL DOUGLAS CORP. ET AL. C. A. 7th Cir. Certiorari denied. JUSTICE STEVENS took no part in the consideration or decision of these petitions. Reported below: 701 F. 2d 1189.

No. 82-2134. ALSIDE, INC., ET AL. v. WEINER, UNITED STATES DISTRICT JUDGE. C. A. 8th Cir. Certiorari denied. JUSTICE BLACKMUN took no part in the consideration or decision of this petition. Reported below: 705 F. 2d 980.

No. 82-2146.

MASHPEE TRIBE v. NEW SEABURY CORP. ET AL. C. A. 1st Cir. Motion of petitioner to defer consideration of petition for writ of certiorari denied. Certiorari denied.

No. 82-6558. BAILEY V. DELAWARE. Sup. Ct. Del. Certiorari denied. JUSTICE BRENNAN and JUSTICE MARSHALL Would grant certiorari. Reported below: 490 A. 2d 158.

No. 82-6591. WILSON v. UNITED STATES. C. A. 9th Cir. Certiorari denied. JUSTICE BRENNAN and JUSTICE MARSHALL would grant certiorari. Reported below: 690 F. 2d 1267.

No. 82-6642. NOVACK v. WISCONSIN. Ct. App. Wis. Certiorari denied. JUSTICE BRENNAN and JUSTICE MARSHALL would grant certiorari. Reported below: 111 Wis. 2d 701, 332 N. W. 2d 312.

No. 82-6649. NUNLEY v. OKLAHOMA. Ct. Crim. App. Okla. Certiorari denied. JUSTICE BRENNAN and JUSTICE MARSHALL would grant certiorari. Reported below: 660 P. 2d 1052.

No. 82-6821. MCCLINNAHAN v. UNITED STATES. Ct. App. D. C. Certiorari denied. JUSTICE BRENNAN and JUSTICE MARSHALL would grant certiorari. Reported below: 454 A. 2d 1340.

No. 82-6981. TEAGUE v. ILLINOIS. App. Ct. Ill., 1st Dist. Certiorari denied. JUSTICE BRENNAN and JUSTICE MARSHALL would grant certiorari. Reported below: 108 Ill. App. 3d 891, 439 N. E. 2d 1066.

No. 82-6775. GILLIARD V. MISSISSIPPI. Sup. Ct. Miss. Certiorari denied. Reported below: 428 So. 2d 576.

JUSTICE MARSHALL, with whom JUSTICE BRENNAN joins, dissenting.

Adhering to my view that the death penalty is under all circumstances cruel and unusual punishment forbidden by the Eighth and Fourteenth Amendments, I would vacate the judgment of the Supreme Court of Mississippi insofar as it left undisturbed the death sentence imposed in this case. Gregg v. Georgia, 428 U. S. 153, 231 (1976) (MARSHALL, J., dissenting). However, even if I believed that the death penalty could constitutionally be imposed under certain circumstances, I would grant certiorari and vacate the death sentence imposed here.

For the third time this year, this Court has refused to review a case in which an all-white jury has sentenced a Negro defendant to death after the prosecution used peremptory challenges to remove all Negroes from the jury. See Miller v. Illinois and Perry

MARSHALL, J., dissenting

464 U. S.

v. Louisiana decided together with McCray v. New York, 461 U. S. 961 (1983) (MARSHALL, J., dissenting from denial of certiorari). The facts of each case follow a now-familiar pattern: Forcause challenges by both defense counsel and the prosecution leave an integrated jury panel. The prosecution then resorts to peremptory challenges to remove Negro members of the panel. Despite defense counsel efforts to show that the prosecution has excluded jurors on the basis of race, the trial court rules that defendant has failed to establish systematic exclusion in the manner required by this Court in Swain v. Alabama, 380 U. S. 202 (1965). The all-white jury proceeds to hear the case and sentence the Negro defendant to death.

The present case does not deviate from this pattern in any material respect. Petitioner, who is a Negro, pleaded guilty to killing Grady Chance during an armed robbery of Mr. Chance's store. In accordance with Miss. Code Ann. § 99-19-101 (Supp. 1983), a sentencing trial was then held. After for-cause challenges, the prosecution was presented a jury panel including seven Negroes. The prosecution peremptorily challenged the seven Negroes. After defense counsel exercised its peremptory challenges, the panel contained one Negro. The prosecution then used an additional peremptory challenge to remove the Negro. During a hearing held to consider petitioner's motion to quash the jury, the prosecutor took the stand, and offered reasons for three of his peremptory challenges but could not remember why he exercised the other five. Although the prosecutor had used peremptory challenges to remove all the Negro jurors and only the Negro jurors,' the trial court nevertheless denied petitioner's motion, and the Mississippi Supreme Court affirmed, relying on Swain v. Alabama, supra, and two of its own precedents that, in turn, had relied on Swain: Gaines v. State, 404 So. 2d 557, 560 (1981); Coleman v. State, 378 So. 2d 640, 645 (1979). An all-white jury then heard the evidence and sentenced petitioner to death.

Last Term, when the Court denied petitions for certiorari in the three cases mentioned above, I outlined my objections to the

'The State contends that the prosecution did not peremptorily challenge all Negro jurors in the venire. According to the State, one Negro served as an alternate. The State, however, does not suggest that this juror ever actually served on the jury or participated in its decision to sentence petitioner to death.