1969 Journal

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1969 Journal : II STATISTICS Miscella- Original Appellate neous Total Vumber of cases on dockets. _ __ — 15 1, 758 2, 429 4, 202 ?ases disposed of_ _ 5 1, 433 1, 971 3, 409 Remaining on dockets. __ 10 325 458 793 Cases disposed of—Appellate Docket: By written opinions 105 By per curiam opinions or orders , 206 By motion to dismiss or per stipulation (merit cases) 1 By denial or dismissal of petitions for certiorari 1,121 Cases disposed of—Miscellaneous Docket By written opinions , 0 By denial or dismissal of petitions for certiorari 1,759 By denial or withdrawal of other applications 121 By granting of other applications , 3 By per curiam dismissal of appeals 36 By other per curiam opinions or orders 22 By transfer to Appellate Docket 30 dumber of written opinions 88 Number of printed per curiam opinions 21 Number of petitions for certiorari granted ( Appellate ) 73 Number of appeals in which jurisdiction was noted or post- poned (Appellate) 46 Number of admissions to bar 3,965 GENERAL: Page Court convened October 6, 1969, and adjourned June 29, 1970 1 and 510 Court recessed to attend President's State of Union Message 211 Justice Hugo L. Black's Birthday, noted. Comments by the Chief Justice 252 Reed, J., Designated and assigned to U.S. Court of Claims. 295 : : ; in GENERAL—Continued Page Clark, J. Designated and assigned to USCA-7 424 Designated and assigned to USCA-2 424 Designated and assigned to USCA-9 , 485 Designated and assigned to U.S. District Court for the Northern District of California 485 Retirement of John F. Davis, Clerk; Remarks of Chief Justice (June 8, 1970) , 447 Appointment of E. Robert Seaver, Clerk (June 8, 1970) 447 Appointment of Mr. Rowland F. Kirks, Director of Ad- ministrative Office of the United States Courts (June 8, 1970) , 447 Presentation of Justice Blackmun before Court by Attorney General , 456 Justice Blackmun took oath of office (June 9, 1970) 457 Remarks of Chief Justice 457 Allotment of Justices to Circuits.— 457^58 RULES: Motion to dismiss granted for failure to docket case within time prescribed by Rule 13 of the Rules of this Court (681, 805, 854, 1022) , 169, 215, 220, 234 Motion to file brief, as amicus curiae, granted provided the size of the print and pages of his brief is made to con- form with requirements of Rule 39 (1) (4)-(305) 198 Amendments to Federal Rules of Appellate Procedure ordered and Chief Justice authorized to transmit to Congress (March 31, 1970) ; Amendments to Rules of Civil Procedure for the USDC ordered and Chief Justice authorized to transmit to Congress (March 31, 1970) Black, J., and Douglas, J., disapprove a portion of the latter and dissent from the action of transmittal 315 Rules of Supreme Court amended June 15, 1970, effective July 1, 1970 470 Rules of the Supreme Court promulgated June 12, 1967, rescinded 470 APPEALS Appeal dismissed without statement of a reason (1776 Misc.) , . 418 IV APPEALS—Continued Page Additional questions posed by Court (305, 1155, 837) 13, 498, 499 Extension of time to docket appeal from U.S. District Court granted, time for docketing appeal extended to date when appeals from a later decree by the same court are required to be docketed, or if no appeals is noted, until a certain later date. (No. ) 73 Appeal under 18 U.S.C. 3731 from U.S. District Court dis- missed for want of jurisdiction (305) 492 Dismissed for want of a final judgment (68) 272 Judgment vacated and case remanded so that Court may enter fresh judgment from which a timely appeal may be taken to the Court of Appeals (1568) 496 Appeal dismissed for want of properly presented federal question (1525 Misc.) 497 Order postponing further consideration of the question of the jurisdiction to the hearing of the case on the merits revoked (330) 82 ARGUMENT: Motion of amicus curiae to argue orally, denied (39, 135, 305, 399, 927, 565, 730, 1189) __ 10, 106, 198, 199, 235, 300, 498, 499 Motion for leave to participate in oral argument as amicus curiae denied unless respondents cede to it part of their time for argument (52) 10 Motion by Solicitor General to argue orally as amicus curiae granted (59, 2 Misc.)__, 10, 11 Motion of amicus curiae to argue orally granted (266, 153) 11, 198 Oral argument, as amicus curiae, by special leave of the Court (15, 34, 59, 60, 2 Misc., 153, 445, 829, 175, 59, 387, 896,1149,13) 46, 50, 62, 103, 156, 249, 279, 281, 282, 284, 361, 377, 381, 394 Argued pro se for appellants (39) 46 Counsel advised that Justice Brennan will participate, even though absent, on basis of record, brief, and the tape of oral argument (632) 64 Respondent's brief to come after oral argument (60) 104 : : V ARGUMENT—Continued Page Motion for leave to argue pro hac vice granted (53, 71, 249, 300, 628, 830) 11, 74, 107, 171, 315, 345 Argument pro hac vice by special leave of Court ( 53, 628 ) 151, 325 Solicitor General invited to file brief and participate in oral argument (175) 137 Cases restored to calendar for reargument (53, 75; 41, 59, ; ___ 46 ; 21, 50, 84, 179 730 ; 4, 6, 11, 20, 265, 266, 565, 1149) 171, 198, 370, 464, 498 Argument postponed by reason of absence of a quorum (221) 209 Motion for two attorneys to participate in oral argument and additional time for oral argument, denied (696) 300 Memorandum to come after oral argument (269) , 377 ATTORNEYS Motion for appointment of new counsel, denied (40) 10 Motion for leave to argue pro hac vice granted (53, 71, 249, 300, 628, 830) 11, 74, 107, 171, 315, 345 Argument pro hac vice by special leave of Court ( 53, 628 ) _ _ 151, 325 Motion for appointment of counsel under Criminal Justice Act, granted (189) , 11 Appointment of Counsel by the Court (189, 270; 727; 84; 403; 830; 730; 387; 1142; 595; 1250; 642; 1389; 1389, 1302; 900; 1633) 11, 74, 86, 138, 160, 171, 215, 228, 235, 333, 345, 370, 397, 448, 498 Disbarment of counsel (149 Misc., 1382 Misc., 1922 Misc.) 12, 301, 449 Suspension and rule to show cause issued (1382 Misc., 1922 Misc.) 138, 315 Order of Court appointing counsel for petitioner revoked, new counsel appointed (1389) , 397 BRIEFS Typewritten supplemental brief authorized (632) 4 Typewritten brief ordered filed (40) 10 Solicitor General invited to file brief (214, 125, 236, 240 [within.30 days], 692, 1633) 11, 11, 13, 160, 171, 498 448-439—71 2 : VI BRIEFS—Continued Page Motion to strike brief of appellee, denied (11) 85 Motion to strike reference to agency reports and to order Clerk to redeliver material not in evidence, denied (1093) 256 Motion to file in this case an amicus brief filed in an earlier case denied (13) , 85 Brief for respondent's to come after oral argument (60) 104 Motion to file supplemental brief after argument granted (74) 255 Motion to file reply brief after argument, granted (2 Misc.) 293 Motion to amend petition or to file supplemental brief granted (1019 Misc.) , 311 Memorandum to come after argument (269) 377 CERTIORARI Motion for leave to file supplement to petition for certiorari, granted (220 Misc., 1019 Misc.) 12, 311 Certiorari granted as to some petitioners and dismissed as to others (480 Misc.) 16 Order granting certiorari revoked (212, 524, 1337, 1195 Misc.) 45, 113, 394, 455 Motion to reinstate petition denied (353, October Term 1968) 52 Motion to enlarge scope of review denied (13) 53 Writs dismissed as improvidently granted (40, 731, 74, 127 [without prejudice to further appropriate proceedings] _ 135, 231, 287, 428 Moot by reason of death of one respondent. Judgment vacated as to him and remanded to USDC with direc- tions to dismiss petition for writ of habeas corpus as moot (153) ,__ — 135 Motion to stay effectiveness of order denying certiorari and petition for rehearing denied (391) 150 Motion for leave to file petition for writ of certiorari out of time granted (628) -,— 161 Grant limited by Court to specified questions (43 Misc., 665 Misc., 1468 Misc., 33 Misc.) 13, 256, 371, 477 Motion to dismiss petition for writ of certiorari, as to de- ceased, granted Misc.) . 273 (18 i : : : VII CERTIORARI—Continued Page Motion for leave to amend petition in 375 Misc. granted (531 Misc.) 470 COSTS AND DAMAGES Motion of respondents to reassess costs in case granted (573, October Term 1968) 9 Motion to retax costs denied (553) 476 Motion to proceed as veteran granted (428) 89 Motion for allowance of attorney's fees denied without prejudice to submission of motion for such relief to Dis- trict Court (1420) 464 EXTRAORDINARY WRITS Motion for leave to file petition for writ of habeas corpus denied. Papers treated as writ of certiorari; writ of certiorari denied (608 Misc.) 81 Application for temporary injunctive order granted (944) _ 157 Motion for stay of temporary injunction granted pending timely filing and disposition of appeal: Provisions for various contingencies (No. , No. ) 160, 497 Application for stay denied by equally divided court (No. ) 417 Motion for leave to file petition for writ of mandamus denied without prejudice to right of petitioner to apply to appropriate state court for relief sought (1463 Misc.) _ 454 Application for stay of deployment granted (No. ) — 475 Application for stay denied with leave to renew, if trial on obscenity vel non has not commenced by August 3, 1970, unless delay beyond that date occasioned by appellee (No. ) i 498 JUDGMENTS, OPINIONS, and MANDATES Judgment to issue forthwith (632; 972,944) 83, 192 Judgment vacated and case remanded to Supreme Court of Ohio for such proceedings as that court may deem appropriate (31) 131 Petition for rehearing or in the alternative, for clarification of judgment denied (632) 150 : VIII JUDGMENTS, OPINIONS, MANDATES—Continued Page Judgment affirmed without prejudice to the right of ap- pellants to seek modification of District Court's decree as circumstances may require (30) 196 Dissenting opinion on denial of petition for writ of cer- tiorari (687, 1011, 621, 1978 Misc.) 215, 479, 467, 509 Motion to implement judgment denied ( 153 Misc.
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