1992 Journal
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OCTOBER TERM, 1992 Reference Index Contents: page Statistics n General in Appeals in Arguments iv Attorneys iv Briefs iv Certiorari iv Costs v Judgments, Mandates and Opinions v Original Cases v Parties vi Records vi Rules vi Stays vii Conclusion vii (i) II STATISTICS AS OF JUNE 28, 1993 In Forma Paid Original Pauperis Total Cases Cases Number of cases on docket 12 2,441 4,792 7,245 Cases disposed of......... 1 2,099 4,256 6,366 Remaining on docket 11 342 536 889 Cases docketed during term: Paid cases 2,062 In forma pauperis cases 4,240 Original cases...... 1 Total.. 6,303 Cases remaining from last term 942 Total cases on docket 7,245 Cases disposed of 6,366 Number remaining on docket 889 Petitions for certiorari granted: In paid cases 79 In in forma pauperis cases 14 Appeals granted: In paid cases ., 4 In in forma pauperis cases 0 Total cases granted plenary review 97 Cases argued during term 116 Number disposed of by full opinions Ill Number disposed of by per curiam opinions 4 Number set for reargument next term 0 Cases available for argument at beginning of term 66 Disposed of summarily after review was granted 4 Original cases set for argument 3 Cases reviewed and decided without oral argument 109 Total cases available for argument at start of next term 46 Number of written opinions of the Court 107 Per curiam opinions in argued cases 4 Number of lawyers admitted to practice as of June 28, 1993: On written motion 2,775 On oral motion 1,345 Total 4,120 Ill GENERAL: page 1991 Term closed and 1992 Term convened October 5, 1992; adjourned October 4, 1993 1 Allotment order of Justices entered 972 Bryson, William C, named Acting Solicitor General Janu- ary 20, 1993; presents Attorney General Janet Reno; re- marks by the Chief Justice 619, 865 Clinton, President, attends investiture of Justice Ginsburg 971 Court adjourned to attend Inauguration of President Clin- ton January 20, 1993 425 Court closed December 24, 1992, by order of Chief Justice Days, Drew S., Solicitor General, presented to the Court. 865 Fender, William, Retirement noted 319 Gerson, Stuart M., named Acting Attorney General Janu- ary 20, 1993 Ginsburg, J., nominated as Associate Justice June 14, 1993; confirmed August 3, 1993; took oaths August 10, 1993; investiture October 1, 1993 971 Marshall, J. (Retired), died January 24, 1993, announce- ment by Rehnquist, C.J.; funeral at National Cathedral 427 Powell, J. (Retired), Assigned to United States Court of Appeals for the Fourth Circuit 151, 381 Rehnquist, C.J., administered oath of office to President Clinton 425 Reno, Janet, Attorney General, presented to the Court; presents Solicitor General Drew S. Days, III 619, 865 Thomas, J., assigned to 10th Circuit pending further order 915 Warren, Mrs. Earl, death announced by Chief Justice 705 White, J., administered the oath of office to Vice President Gore; announces retirement March 19, 1993; exchange of correspondence and retires June 28, 1993 425, 893 APPEALS: Judgment vacated and cases remanded in light of position presented by Solicitor General in his brief as amicus curiae (92-155, 92-219) 841 Probable jurisdiction noted, Court framed sole question (92-357) 299 Probable jurisdiction noted. Expedited briefing schedule set (93-44) 967 IV ARGUMENTS: page Case argued by attorney other than court appointed attor- ney (91-7328) 127 Divided argument and additional time for argument granted (92-519, 92-593 and 92-767) 793 Motion of parties to defer oral argument denied; case ar- gued February 23, 1993; writ dismissed pursuant to Rule 46 on April 12, 1993 (91-2086) 435, 512 Time for argument expanded by Court (91-1128) 185 ATTORNEYS: Attorney died. Rule to show cause discharged (D-1148) ... 130 Attorney permitted to resign (D-1121, D-1134; D-1142; D-1161; D-1217) 4, 130, 184, 516 Award of attorneys fees denied without prejudice to filing in Court of Appeals for the Fourth Circuit (90-114) 5 Motion for appointment of counsel granted nunc pro tunc (91-687; 91-7328) 6, 8 Motion for appointment of counsel granted (91-1160, 91- 1300, 91-1306; 91-7804; 91-8674; 92-5129; 91-1738; 92-725; 92-207; 92-6033; 92-989; 92-7549; 92-1510, 92-6921) 7, 8, 164, 263 298, 351, 407, 441, 442, 773, 843, 900 BRIEFS: Clerk directed to print respondent's supplemental brief (91-1188) 7 Leave granted to file supplemental joint appendix (91-10) 216 Leave granted to file supplemental brief after argument as amicus curiae (91-261 & 91-274) 440 CERTIORARI: Certiorari granted and expedited briefing schedule set (92-602; 92-5653; 93-70, 93-108, 93-144; 93-180, 92-8556, 92-8894, 92-9049) 345, 435, 967, 968 Certiorari granted as to only one case in Rule 12.2 petition (92-989) 654 Certiorari granted limited to question framed by Court (91-2012; 92-1292) 517, 606 V CERTIORARI - Continued page Certiorari granted; writ dismissed pursuant to Rule 46.1 August 10, 1993 (92-1214) 867 Judgments in Rule 12.2 petition vacated (92-1630) 815 Motion of non-attorney to file a petition on behalf of a cor- poration denied (No. Progress Engineering v. Massongill) 3 Opinion respecting the denial of certiorari. (92-7944) 752 Petition denied for want of jurisdiction. (92-1771) (Solicitor General did not represent petitioner as required by 28 USC 518) 826 Petitions from 2 circuits granted and consolidated (92-757 and 92 -938) 443 Petition to Temporary Emergency Court of Appeals denied (91-1803) 17 COSTS: Leave to proceed further herein in forma pauperis granted (91-687) 6 JUDGMENTS, MANDATES AND OPINIONS: Judgment of CA affirmed and case remanded (91-1958).... 863 Leave to proceed in forma pauperis denied. Rule 39.8. Opinion Per Curiam (92-5584, 92-5618; 92-6846).... 183, 541 Respondent died, order granting certiorari vacated, peti- tion for certiorari dismissed (91-1521) (case was argued November 30, 1992) 642 Writ dismissed as improvidently granted. Opinion Per Curiam (91-687; 91-6646) 211, 251 ORIGINAL CASES: 9 Orig. — Motion of United States and Alabama for entry of supplemental decree granted 440 65 Orig.— Final Report of River Master for Accounting Year 1991 filed; motion of River Master for fees and expenses granted 4, 164, 238 440, 773 105 Orig. — Special Master awarded fees and expenses ... 4, 688 VI ORIGINAL CASES — Continued Page 109 Orig. — Special Master awarded expenses and fees; Solicitor General invited to file brief on joint motion for entry of stipulated judgment and decree 263, 900 111 Orig.— Leave to file reply brief, amici briefs and complaint in intervention granted, Excep- tions set for oral argument; additional time allotted for oral argument; argued; leave denied New York to file first amended an- swers and counterclaim; Report of Special Master filed, expedited briefing schedule set; motions to intervene granted, opinion filed 5, 216, 320 407, 621 119 Orig.— Answer to complaint of utility intervenors re- ferred to Special Master; Report of Special Master filed, briefing schedule set; Spe- cial Master awarded fees and expenses; motion for divided argument granted. (Case dismissed per Rule 46 on April 16, 1993. Argument had been set for April 19, 1993) 5, 403, 435 543, 628 PARTIES: Leave to intervene granted (92-784) 379 Leave to intervene in order to file petition granted (92-1871) 816 Leave to proceed in forma pauperis without affidavit of indigency granted (No. {Barnard v. Collins); No (Angeletakis v. California); No. (Durocher v. Florida); No. (Fisher v. Oklahoma) 161, 261 438, 722 RECORDS: Leave granted to supplement record (91-2054) 407 Motion to enlarge record granted (92-7549) 901 RULES: Federal Rules of Appellate Procedure amended 685 Federal Rules of Civil Procedure amended. Statement by White, J. Dissent by Scalia, J 685 VII RULES -Continued Page Federal Rules of Criminal Procedure amended 686 Federal Rules of Evidence amended... 686 STAYS: Application to vacate stay of execution of sentence of death granted (A-654); (A-69 (October Term 1993 -Opinion Per Curiam)) 537, 923 Stay pending certiorari granted (A-261; A-734; A-71, A-72 (October Term 1993)). 542, 627, 929 CONCLUSION: Call of calendar suspended; last case argued 639, 704 Closing remarks by Chief Justice 919 Last Order List released June 28, 1993; last orders of Term filed September 28, 1993 896, 967 (JOURNAL) MONDAY, OCTOBER 5, 1992 1 SUPREME COURT OF THE UNITED STATES Present: Chief Justice Rehnquist, Justice White, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, and Justice Thomas. The Chief Justice said: "I have the honor to announce, on behalf of the Court, that the Octo- ber 1991 Term of the Supreme Court of the United States is now closed and that the October 1992 Term is now convened. Today's orders of the Court have been certified and filed with the Clerk. They will not be oth- erwise announced." Appeals— Summary Disposition No. 91-1546. Bob Slagle, Chairman, Texas Democratic Party, Appel- lant v. Louis Terrazas, et al. Appeal from the United States District Court for the Western District of Texas. The judgment is affirmed. Dis- senting opinion by Justice Stevens with whom Justice Blackmun joins. No. 91-1862. David Gantt, etc., et al., Appellants v. Dean Skelos, etc. et al. Appeal from the United States District Court for the Eastern District of New York. The judgment is vacated and the case is re- manded to the United States District Court for the Eastern District of New York with instructions to dismiss the appeal as moot. United States v. Munsingwear, Inc., 340 U.