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1960 Journal , OCTOBER TERM, 1960 STATISTICS Original Appellate Miscella- Total neous Number of cases on dockets 12 1, 046 1, 255 2, 313 1 887 1, 040 1, 928 . - Remaining on dockets _ 11 | 159 215 385 2ases disposed of—Appellate Docket : p»£» By written opinions 125 By per curiam opinions or orders 130 By motion to dismiss or per stipulation (merits cases) 4 By denial or dismissal of petitions for certiorari 628- ^ases disposed of— Miscellaneous Docket: By written opinions 0 By per curiam opinions or orders 6 By denial or dismissal of petitions for certiorari 871 By denial or withdrawal of other applications L2fi By dismissal of appeals 21 By transfer to Appellate Docket 17 i umber of written opinions 110 Number of printed per curiam opinions L9 Number of petitions for certiorari granted 109 Number of appeals in which jurisdiction was noted or post- poned 35 Cumber of admissions to bar 2, 999 RBFBBSNC1 INDEX lugust Special Term convened August 30, 1 OHO for purpose of entertaining motions for admission of attorneys attending American Bar Association Meeting 1,740 applicants ad- mitted. Adjourned until further order of the (ourt 1 lUgust Special Term continued to act upon application for bail referred by a Justice (336); applications for stays of execu- tion and enforcement of judgments; for stay of temporary injunotioD and to vacate an order of U.S. District (ourt denied (No.— , Houston Independent School District, et al. v. Ross, et al. —involving Houston schools, and Xo.— Orleans Parish School Board, et al. p. Bush, et al—involving New Orleans schools) (Xo. Ennis, et al. o. Evans, et al.)- 27 — , , II Regular term convened October 3, 1960 and adjourned June 19, Paw 1961. President Kennedy—Court met at 11 a.m. and adjourned for the purpose of attending Inauguration (January 20, 1961)- _ 165 Inauguration Day—Court entertained motions for admission. 165 Reed, J., Designated and assigned to U.S. Court of Appeals for the District of Columbia Circuit 30 Designated and assigned to U.S. Court of Claims (2 days). 158 Designated and assigned to U.S. Court of Claims 194 Burton, J., Designated and assigned to U.S. Court of Appeals for the District of Columbia Circuit 30 Robert F. Kennedy, Attorney General presented 171 Archibald Cox, Solicitor General presented 171 Will Shafroth, appointed Deputy Director of the Administra- tive Office of United States Courts 122 Conference Room Sessions (No. — , Danner v. Holmes) (1000) (No.—, Britt v. South Carolina) 150, 368, 386 RULES: Supreme Court Rule 48(3) amended and Rule 48(4) pro- mulgated (prevents abatement and provides for auto- matic substitution of public officers. Permits proceed- ings against public officials by title rather than by name) 405 Rules of Civil Procedure amended (Rules 25, 54, 62, and 86, Forms Nos. 2 and 19)—April 17, 1961, Mr. Justice Black and Mr. Justice Douglas dissent 262 Rules of Practice in Admiralty and Maritime Cases amend- ed (Promulgated Rules 30A, 30B, 30C, 30D, 30E, 30F, 30G, 32D, 58, 59 and 60—Amendments to Rules 32, 32B and 32C(e). Mr. Justice Black dissented and Mr. Justice Douglas concurred.) 267 Rules-Bankruptcy-Official Forms Nos. 14, 21, 63, 64, 65, 66, 67, 68, and 69 abrogated. General Orders 1, 5, 9, 24, 48, 49, 51, 52, 53, 54, 55 and 56, and Forms Nos. 7, 17A, 17B, 20, 22, 28, 29, 30, 31, 35, 37, 40, 41, 42A, 42B, 43A, 43B, 44, 48, 49, 50, 51, 52, 55, 58 and 60 amended and established 342 APPEALS: Dismissed for the reason that the judgment of the Supreme Court of sought here to be reviewed, is based upon a nonfederal ground adequate to support it (363, 426, 308 Misc., 802) 86, 116, 139, 303 Dismissed on appellant's motion under Rule 14(1) (No.— U.S. v. U.S. Trotting Association) 99 Ill APPEALS—Continued Page Dismissed "for the reason that the notice thereof was not filed within the time provided by law" (655 Misc.) 215 Dismissed and certiorari granted in opinion (105) 324 Dismissed and certiorari granted in opinion after argument (164) 252 Opinion comments on failure of counsel to discuss jurisdic- tional problem in briefs where further consideration of jurisdiction postponed to merits (105) 324 Dismissed in opinion after oral argument (56) 336 Dismissed in opinion after argument in cases where judg- ment was announced (60-61) 390 ARGUMENTS: Pro se (58, 200) 136, 162 Pro hac vice (176) 224 Advancement granted on motion (681, 669) 175, 208 Advancement denied on motion (478) 208 Postponed on motion (60-61) 34 Postponed on joint motion (65) 191 Reargument set (103) 304 Three-week session of argument (April 17, 1961) 251 On motion to amend petition for certiorari (57) 133 Motion for permission for two attorneys to argue in sum- mary calendar case denied (67) 110 Submitted on brief (counsel in hospital) (392) 297 Submitted on brief in one of three cases—two others were argued (257) 287 Amicus curiae: By special leave of Court (32, 73, 164, 103, 669) 74, 124, 186, 286, 312 By consent of counsel (236) 240 Motion for leave to argue as amicus curiae denied (103)._ 254 Allotment of time redistributed on motion (two cases had been consolidated and allotted 2 hours and third case had been on summary calendar—redistributed and 1% hours allowed for two cases and VA hours for third case) (64, 85, 68) 175 Subject matter of cases divided on motion (two cases had two questions and third case had one question— order permitted one question being briefed and argued in two cases and one question in third case) (64, 85, 68) 175 IV ATTORNEYS: Page Change of name (Lopinsky—marriage) 117 Counsel appointed on motion (176, 180-184, 783) 35, 255 Counsel appointed sua sponte (561, 746-747, 178 Misc- 250 Misc.) 129, 191, 216-217 Motion to withdraw appearance granted (77 Misc.) 57 Motion to withdraw appearance granted where petitioner desired to withdraw petition but could not do so while represented by counsel (62) 155 BRIEFS: Motion to strike motion to retax costs denied (342 O.T. 1959) 34 Solicitor General invited to file briefs setting forth views of the United States (212, 687) 37, 245 Motion to strike names from motion for leave-to file amicus curiae brief granted (155) 144 Motion for leave to file supplemental brief after argument granted (39) 174 CERTIORARI: Writ dismissed sua sponte as improvidently granted (178)_ 35 Writ dismissed after argument as improvidently granted (116) 232 Writs dismissed after argument (128, 57, 78, 313, 95, 501, 185-186-187) 155, 172, 173, 289, 303, 314, 330 Dismissed as moot upon suggestion of counsel of execution of petitioner (360 Misc.) 87 Dismissed under Rule 60 (on petitions) (734, 822, 35 Misc., 109 Misc., 226 Misc., 258 Misc., 542 Misc., 995 Misc.) (on writs) (27, 51, 62, 82) Denied without prejudice to habeas corpus in appropriate U.S. District Court (15 Misc.) 56 Denied without prejudice to habeas corpus in appropriate U.S. District Court to determine petitioner's contention of denial of counsel (12 Misc.) 56 Denied without prejudice to application for habeas corpus in appropriate U.S. District Court, the state having con- ceded that petitioner has exhausted his state remedies (953 Misc.) 384 Denied without prejudice to another application to U.S. District Court under 28 U.S.C. 2255 to be considered on its merits and not as a consecutive petition (740 Misc.). 403 : V CERTIORARI—Continued Page Denied on concession of Solicitor General that he would undertake to present to U.S. District Court a motion to correct sentence (104) 44 Denied on representation of Solicitor General that proceed- ings would immediately be commenced to determine ca- pacity of petitioner to stand trial (138) 46 Denied on Friday in capital case in view of imminent date of execution (1000) 368 Limited grant but questions not spelled out in view of fact that limitation was to first two questions of separate petitions (315-454) 99 Limited grant to three counts of indictment and judgment reversed on said counts—certiorari denied in other re- spects (456) 127 Limited grant to double jeopardy question—not spelled out (486) 129 Granted limited to portion of judgment dealing with one count and reversed as to that count. Denied in all other respects (695) 303 Motion to defer consideration of petition by person not a party, denied (368) 90 COSTS: Motion to retax costs against successful appellant who secured reversal on grounds that state court had not passed upon question, denied (342 O.T. 1959) 34 EXTRAORDINARY WRITS Motion for leave to file petition for writ of habeas corpus denied but papers submitted treated as petition for writ of certiorari and certiorari granted (641 Misc.) 394 Motion for leave to file petition for writ of habeas corpus denied but papers submitted treated as petition for writ of certiorari and certiorari granted. Judgment vacated without argument (1 Misc.) 325 Motion for leave to proceed in forma pauperis granted where habeas corpus denied and papers treated as certiorari and certiorari granted (641 Misc.) 394 Motion for leave to proceed in forma pauperis and to file amicus brief denied (Applicant submitted typewritten papers) (200) 156 601055^61 2 VI JUDGMENTS: Paw Judgments announced (70-179, 63, 11, 67, 200, 60-61, 161) 190,324,337,389,390 Affirmed by equally divided court (180-184) 372 Affirmed in part and vacated in part on petition (121) 208 Affirmed in part and "set aside" in part (79) 214 Affirmed after argument by per curiam (111) 191 Vacated on petition and remanded for "clarification" (168) 33 Vacated on petition (167 Misc., 129, 324, 4 Misc., 171 Misc., 382, 844, 629, 843)_._ 68, 78, 79, 110, 116, 173, 373, 391 Vacated on petition and remanded to U.S.
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