October Term, 1983
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OCTOBER TERM, 1983 Reference Index Contents: Page Statistics n General m Appeals ni Arguments m Attorneys iv Briefs rv Certiorari xv Costs and Damages v Judgments, Mandates and Opinions v Miscellaneous vn Original Cases vm Parties ix Records x Rehearings x Rules x Stays and Bail x Conclusion xi (i) STATISTICS AS OF JULY 5, 1984 In Forma Paid Original Pauperis Total Cases Cases Number of cases on docket 18 2,688 2,394 5,100 Cases disposed of 7 2,148 1,985 4,140 Remaining on docket. 11 540 409 960 Cases docketed during term: Paid cases 2,168 In forma pauperis cases 2,050 Original cases 4 Total 4,222 Cases remaining from last term 878 Total cases on docket 5,100 Cases disposed of 4,140 Number remaining on docket 960 Petitions for certiorari granted: In paid cases Ill In in forma pauperis cases 9 Appeals granted: In paid cases 29 In in forma pauperis cases « 0 Total cases granted plenary review 149 Cases argued during term 184 Number disposed of by full opinions 174 Number disposed of by per curiam opinions 6 Number set for reargument next term 4 Cases available for argument at beginning of term 113 Disposed of summarily after review was granted 5 Original cases set for argument 3 Cases reviewed and decided without oral argument 86 Total cases available for argument at start of next term 80 Number of written opinions of the Court 151 Opinions per curiam in argued cases 6 Number of lawyers admitted to practice as of October 1, 1984: On written motion 3,692 On oral motion 1,022 Total 4,714 Ill GENERAL: Page Court convened to announce beginning of October Term 1983, to release orders and to hear oral arguments on October 3, 1983; adjourned October 1, 1984 1, 741 Court sat without quorum to announce opinions in argued cases 635 Court sat twice in one day at 10:00 a.m. and 2:30 p.m. 733, 734 Stewart, J., (Retired), designated and assigned to USCA-1; USCA-3; and USCA-6 254,314,402 APPEALS: Appeal from Special Court, Regional Rail Reorganization Act of 1973, shall not be dismissed at this time. Time to docket appeal extended. Leave to file jurisdictional statement in excess of page limits granted (No. ) .. 747 Dismissed for want of a final judgment (83-1513) 735 Judgment vacated and remanded for entry of fresh decree from which timely appeal may be taken to USCA-5 (83-1479) 617 Jurisdiction noted with respect to Question 1. In all other respects, judgment of USCA-1 1 affirmed. (83-812 and 83-929) 486 Order of USCA-8 transferring case to Supreme Court pur- suant to 28 U. S. C. 1252 vacated and case remanded to USCA-8 to consider whether appellant has standing (83-637) 735 Stay of mandate pending appeal granted (A-974) 659 ARGUMENTS: First argument of Term heard on October 3, 1983; last case of Term heard on April 25, 1984 79, 546 Argued pro se (82-1474) 318 Cases restored to calendar for oral argument and additional questions to be briefed and argued (82-1913, 82-1951, 83-18, and 83-712) 737, 738 Counsel invited to argue as amicus curiae in support of judgment below when leave to present oral argument pro se was denied (82-485). Case argued next day. Respondent Larry Flynt removed from Courtroom by order of the Chief Justice 161, 175 Counsel invited to argue as amicus curiae it appearing that respondent is not represented by a member of the Bar and case rescheduled for argument; case argued (82-1330) 229, 542 Counsel invited to argue sua sponte on motion of certain appellants to dismiss appeal (82-1295) 302 IV ARGUMENTS—Continued Page Leave to argue pro hac vice denied (82-1721) 347 Leave to argue pro se denied (82-1721) 347 Suspension of call of calendar 538 ATTORNEYS: Application for admission denied (D-280) 7 Application for admission granted. Dissenting opinion by the Chief Justice (No. , In the Matter of Admission of Larry Warner) 662 Application for admission granted. Three Justices would deny application without prejudice (No. , In the Matter of Admission of Mark Edward Edison) 411 Application for readmission denied (D-216) 7 Application for admission granted. Dissenting opinion by the Chief Justice. Justice Blackmun would deny the application without prejudice (No. , In the Matter of Admission of Daniel S. Zevin) 547 Appointment of counsel granted and leave granted for re- spondent to proceed in forma pauperis (83-850) 393 Counsel appointed (81-2149; 83-95; 83-128, 83-218, 83-346; 83-620; 83-328; 83-226; 83-904; 82-5920 and 83-1307) 7, 181, 267, 306, 325, 347, 348, 663 Counsel appointed pursuant to Rule 46.6 (83-1362, 83-1363, and 83-6392) 725 Resignation from Bar accepted (D-369; D-393; D-402; D-399; D-413; D-400; D-416; D-435) 266, 345, 464, 531, 548, 566, 640, 724 BRIEFS: Leave to file amid curiae brief in support of rehearing de- nied (82-2083) 372 Leave to file response to supplemental brief after argument denied (82-1295) .. 347 Leave to file supplemental brief as amicus curiae denied (82-945) 87 Leave to file supplemental brief pro se granted (82-1135) 8 Motion to strike appellees' brief denied (82-898 and 82-977) 86 CERTIORARI: Application to suspend effect of order denying certiorari granted pending further order of Court (83-6350) 595 Certiorari dismissed for want of a final judgment (82-1870) 68 Certiorari dismissed. Molinaro v. New Jersey (83-5825) 423 Certiorari granted. Judgment (State) vacated and case remanded in light of position presently asserted by Attorney General (82-6830) 128 V CERTIORARI—-Continued Page Certiorari granted. Judgment (USCA) vacated and case remanded in light of Government's concession of error (82-6848) 159 Certiorari granted limited to one question. Judgment (USCA) vacated and remanded (83-6413) 618 Certiorari granted. Parties directed to brief and argue additional question (82-1795) 12 Certiorari to Special Court, Regional Rail Reorganization Act of 1973, denied (83-1712) 602 Motion to dismiss writ for want of jurisdiction denied. (82-1845) 201 Motion of parties to defer consideration of petition for certiorari granted. Petition dismissed per Rule 53 on 6/13/84 (82-1074) 8 Opinion respecting denial of certiorari (83-791) 368 Writ dismissed it appearing respondent died (82-1711) .... 248 COSTS AND DAMAGES: Dissent from denial of leave to proceed in forma pauperis (82-6778, 82-6907, 82-6956, 83-5040, 83-5100, and 83-5349) 131 Leave to proceed in forma pauperis denied (82-6758; 82-6765; 83-5384; 83-5338; 83-5581; 83-5611; 83-5711, 83-5725, 83-5730; 83-5778, 83-5796; 83-5867, 83-5868; 83-5913; 83-6032, 83-6138; 83-6229; 83-5907; 83-6323; 83-6451; 83-6536; 83-6035, 83-6628; 83-6634 130, 131 161, 181, 201, 249, 268, 307, 326, 349, 413, 485, 532, 567, 568, 619, 664, 685 Leave to reconsider denial of in forma pauperis denied (82-6956, 83-5040; 83-5725; 83-5778) 249, 349, 439 Motion for attorney's fees denied without prejudice (83-538; 83-685) 335, 336 Motion for damages denied (82-2051; 82-2077; 82-6960; 83-27, 83-156; 83-284; 83-949; 83-1230; 83-1372; 83-1600; 83-1662; 83-1506) 68, 69, 72, 119, 422, 451, 514, 602, 648, 723 Motion to retax costs denied (82-1295 and 83-599) 724 JUDGMENTS, MANDATES AND OPINIONS: Judgments: Appeal dismissed for want of jurisdiction. Treating the papers as petition for certiorari, certiorari granted. Judgment affirmed (82-1401) 459 VI JUDGMENTS, MANDATES AND OPINIONS—Continued Page Judgments: Appeal dismissed for want of jurisdiction. Treating the papers as petition for certiorari, certiorari granted. Judgment (USCA) with respect to punitive damages is reversed and case remanded (81-2159) 303 Certiorari granted. Judgment (USCA) vacated and case remanded without prejudice to raise issue of jurisdiction of USCA to review judgment of Tax Court (82-1873) .. 324 Judgment (USCA) affirmed and case remanded (82-1994; 82-1988) 608,710 Judgment (USCA) affirmed by an equally divided Court (83-1) 475 Judgment (USCA) affirmed in part, reversed in part and case remanded to USDC (82-786) 407 Judgment (USCA) affirmed with respect to question of "cause" (83-218) 717 Judgment (USCA) allowing award of attorney's fees af- firmed (82-1432) 586 Judgment (USCA) reversed and case remanded with in- structions to dismiss the case (82-374) 386 Judgment (USCA) vacated and case remanded in light of recent NLRB decision after certiorari granted (83-103) . 463 Judgment (USCA) vacated and case remanded to consider whether Voting Rights Act provides grounds for affirm- ance (82-1295) 477 Judgment (USCA) vacated and case remanded to USCA with directions to instruct USDC to conduct required further proceedings (82-738) 342 Judgment (USCA) vacated and case remanded to USCA with directions to instruct USDC to dismiss the com- plaint as moot (82-1925) 180 Motion to recall judgment denied (80-1577) 130 Writ dismissed as improvidently granted before argument (82-1367) 200 Writ dismissed as improvidently granted. Judgment rests on independent and adequate state grounds. Opinion per curiam (82-1845) 387 Writ dismissed as improvidently granted. Opinion per curiam (82-2042 and 82-1724) 559, 635 Mandates: Certiorari granted. Judgment vacated and case remanded to state court to clarify record. Opinion per curiam (83-599) 529 vn JUDGMENTS, MANDATES AND OPINIONS—Continued Page Mandates—Continued Certiorari granted. Judgment summarily reversed and case remanded to state court.