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OCTOBER TERM, 1988 Reference Index Contents: Page Statistics n General in Appeals in Arguments in Attorneys in Briefs iv Certiorari iv Costs iv Judgments and Opinions v Miscellaneous v Original Cases v Records vi Rehearings vi Rules vi Stays vii Conclusion vn (i) II STATISTICS AS OF JULY 3, 1989 In Forma Paid Original Pauperis Cases Total Cases 14 2,587 3,056 5,657 Cases disposed of 2 2,203 2,625 4.830 Remaining on docket 12 384 431 827 Cases docketed during term: Paid cases 2,141 In forma pauperis cases 2,632 Original cases 2 Total 4,775 Cases remaining from last term 882 Total cases on docket 5,657 Cases disposed of 4,830 Number of remaining on docket 827 Petitions for certiorari granted: In paid cases 106 In in forma pauperis cases 16 Appeals granted: In paid cases 23 In in fonna pauperis cases 2 Total cases granted plenary review 147 Cases argued during term 170 Number disposed of by full opinions 156 Number disposed of by per curiam opinions 12 Number set for reargument next term 2 Cases available for argument at beginning of term 105 Disposed of summarily after review was granted 4 Original cases set for argument 0 Cases reviewed and decided without oral argument 108 Total cases available for argument at start of next term 81 Number of written opinions of the Court 133 12 Opinions per curiam in argued cases , Number of lawyers admitted to practice as of October 1, 1989: On written motion 3,502 On oral motion 981 Total 4,483 Ill GENERAL: Page 1987 Term closed and 1988 Term convened October 3, 1988; adjourned October 2, 1989 1 Bryson, William C, named Acting Solicitor General, Jan- uary 21, 1989; remarks by the Chief Justice 692 Dowling, Shelley L., appointed Librarian to succeed Ste- phen G. Margeton 461 Starr, Kenneth W., Solicitor General, presented to Court, moved admissions to Bar et seq 693, 694 Thornburgh, Dick, Attorney General, presented by Solici- tor General Charles Fried; argued. (87-1555) 1, 177 APPEALS: Following receipt of answer to question certified to Su- preme Court of Virginia, case remanded to USCA for consideration in light of that opinion. Question had been certified in opinion of Court after oral argument. (86-1034) 125 Motion to dismiss appeal denied after probable jurisdiction noted. (87-1956) 291 Order noting probable jurisdiction as pro se appeal amended. (87-6997) 221 Probable jurisdiction noted limited to certain questions. With respect to additional questions, appeal dismissed. Treated as petition for certiorari, certiorari denied. (88-5986) 768 ARGUMENTS: Case reargued. (87-107) 121 Cases restored to Calendar for reargument and counsel in- vited to brief and argue additional questions. (88-192, 88-325). Each case allowed 45 minutes for reargument. 789 ATTORNEYS: Attorney invited to brief and argue in support of judgment below. (87-1883; 88-1000) 126, 821 Appointment of counsel granted. (87-1602; 88-317; 87- 1882; 87-7023; 87-6997; 88-420; 88-333; 88-599; 88- 1264; 88-6546; 88-6677) 10, 151, 180, 199, 272, 374, 450, 526, 624, 658 O'Connor, John J., Ill, moved admission to Bar in open Court 119 IV ATTORNEYS - Continued page Resignation as member of Bar accepted. (D-717, D-719; D-775) 8, 697 BRIEFS: Leave granted District Attorney to join in amici curiae brief filed by States. (88-605) 549 CERTIORARI: Certiorari limited to Question 2; order amended, case re- moved from argument calendar. (88-493) 272, 545 Four Justices dissent from summary disposition. (87-1929) 94 Granted case summarily remanded to USCA in light of Texas state court opinion. (87-1467) 150 Certiorari granted. Judgment (USCA) vacated and case re- manded to USCA for further consideration in light of newly published Federal Regulations. (88-349) 332 Certiorari granted. Judgment (USCA) vacated and case re- manded to USCA in light of position presently asserted by Acting Solicitor General in brief. (88-1121) 526 Leave to file petition under seal denied. (No. ) 450 Leave to file portions of appendix under seal denied. (No. ) 220 Leave to file supplement to petition under seal granted. (No. ) 220 Motion to dismiss writ of certiorari denied. (87-1882; 88-305) 271, 292 Order granting certiorari amended. (87-5765) 126 Order granting certiorari vacated; petition for certiorari denied. (88-97) 257 COSTS: Costs retaxed on motion of respondent. (86-492) 96 Leave to proceed in forma pauperis on extraordinary writ denied. Clerk directed not to accept any further peti- tions for extraordinary writs unless docket fee paid and petition is in compliance with Rule 33. Opinion per curiam. (88-5890) 369 Leave to proceed in forma pauperis without an affidavit of indigency granted. (No. ), (No. ); (No. ); (No. ); (No. ); (and certiorari granted in 88- 6651); (No. ); (No. ) 8, 249, 350, 371, (527), 697, 714 V COSTS - Continued pape Leave granted respondent to proceed further herein in forma pauperis. (87-1855) 151 Opinion on denial of leave to proceed in forma pauperis. (88-6494, 88-6497) 547 JUDGMENTS, MANDATES AND OPINIONS: Appeal dismissed for want of a properly presented federal question. Opinion per curiam. (87-5840; 87-1224) .. 265,364 Certiorari before judgment, USDC affirmed. (87-7028; 87-1904) 347 Judgment affirmed and case remanded. (88-616) 730 Judgment affirmed by equally divided Court. Opinion per curiam. (87-6405; 87-1165; 88-309) 731, 781 Judgment affirmed by equally divided Court in part, va- cated in part and remanded. (88-40) 759 Judgment vacated and case remanded. No costs awarded. (87-1383) 649 Two signed opinions announcing the judgments of the Court issued with respect to three cases which had been consolidated when certiorari granted. (87-1622, 87- 1697, 87-1711) 783 Writ dismissed as improvidently granted. Opinion per curiam. (87-271) 284 MISCELLANEOUS: Motion to limit questions presented for review denied. (88-1374) 625 Question certified by USCA dismissed. (88-1179) 371 ORIGINAL CASES: 65 Orig. — River Master fees approved. D. Monte Pasco appointed Special Master to succeed Charles J. Meyers, deceased. Allowance of fees and disbursements of deceased Special Master granted. Fees and expenses of River Master approved. Final Report of the River Master for Accounting Year 1989 filed 9, 141 151, 373, 602, 789 74 Orig.— Report of Special Master filed, briefing sched- ule set 581 VI ORIGINAL CASES - Continued Page 105 Orig. — Special Master granted award of interim fees and expenses. Leave to amend complaint re- ferred to Special Master 250, 373 108 Orig.— Motion of Special Master for compensation and reimbursement of expenses granted. First Interim Report of Special Master filed. 624, 768 109 Orig. — Leave granted to file supplemental complaint. Leave granted New Mexico to file supple- mental answer. Special Master awarded fees and expenses 270, 373 111 Orig. — Special Master appointed. Leave granted Texas to file complaint in intervention. Motions for judgment on pleadings referred to Special Master. Motions for leave to intervene re- ferred to the Special Master 271, 373, 714 112 Orig. — Motion to dismiss complaint denied. Defend- ant given 30 days to answer. Special Master appointed 151, 450 114 Orig.— Leave to file bill of complaint denied. Rehear- ing denied 271, 431 115 Orig. — Leave to file bill of complaint denied 291 RECORDS: Leave to dispense with printing appendix to petition granted (No. ) 678 Order signed by Chief Justice transferring October Term 1983 Term files and 1988 Term transcripts of oral argu- ments to National Archives. (May 3, 1989) REHEARINGS: Rehearing granted. Leave to proceed on papers on file granted. Appellees allowed 30 days to file supplemen- tal motions to dismiss or affirm. Judgment of USDC af- firmed. (87-1818) 199, 331 Respondent requested to file response to petition for re- hearing within 30 days. (88-6995) 790 RULES: Bankruptcy Rules amended 596 Rules of Appellate Procedure amended 597 Rules of Criminal Procedure amended 597 VII STAYS: Page Motion to vacate stay of execution of sentence of death granted. (88-7235) 757 Next friend application for stay of execution of sentence of death granted pending timely filing and disposition of petition for certiorari. (A-727). Certiorari granted. (88-7146) 471, 791 Stay granted pending timely filing and disposition of certio- rari conditioned upon posting of bond. (A-242; A-642; 88-1784) 371, 679 CONCLUSION: Announcement that all remaining opinions ready will be announced July 3, 1989 783 Call of calendar suspended for Term upon conclusion of arguments listed for hearing this week 590 Last order of Term entered September 28, 1989 833 Remarks by the Chief Justice regarding last day of Court. 803 (JOURNAL) MONDAY. OCTOBER 3. 198* 1 SUPREME COURT OF THE UNITED STATES Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Stevens, Justice O'Connor, Justice Scalia, and Justice Kennedy. The Chief Justice said: "I have the honor to announce, on behalf of the Court, that the Octo- ber 1987 Term of the Supreme Court of the United States is now closed and the October 1988 Term is now convened. Today's orders of the Court have been certified by the Chief Justice, filed with the Clerk, and will not be announced orally. The Court now recognizes the Solicitor General, Mr. Charles Fried." Mr. Solicitor General Charles Fried said: "Mr. Chief Justice, and may it please the Court, I have the honor to present to the Court the seventy-sixth Attorney General of the United States, the Honorable Dick Thornburgh of Pennsylvania." The Chief Justice said: "Mr. Attorney General, on behalf of the Court I welcome you as the chief law officer of the government and as an officer of this Court. We welcome you to the performance of the very important duties which will rest on you by virtue of your office.
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