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1981 Journal

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1981 Journal OCTOBER TERM, 1981 Reference Index Contents: Page Statistics n General in Appeals in Arguments in Attorneys iv Briefs iv Certiorari v Costs vi Judgments, Mandates and Opinions vi Miscellaneous vni Original Cases vni Parties x Records x Rehearings xi Rules xi Stays and Bail xi Conclusion xi (i) II STATISTICS AS OF JULY 2, 1982 In Forma Paid Original Pauperis Total Cases Cases Number of cases on docket 22 2,935 2,354 5,311 Cases disposed of 6 2,390 2,037 4,433 Remaining on docket 16 545 317 878 Cases docketed during term: Paid cases 2,413 In forma pauperis cases 2,004 Original cases , 5 Total 4,422 Cases remaining from last term 889 Total cases on docket 5,311 Cases disposed of 4,433 Number remaining on docket 878 Petitions for certiorari granted: In paid cases 152 In in forma pauperis cases 7 Appeals granted: In paid cases 51 In in forma pauperis cases 0 Total cases granted plenary review 210 Cases argued during term 184 Number disposed of by full opinions *170 Number disposed of by per curiam opinions **10 Number set for reargument next term 4 Cases available for argument at beginning of term 102 Disposed of summarily after review was granted 8 Original cases set for argument 2 Cases reviewed and decided without oral argument 126 Total cases available for argument at start of next term ***126 Number of written opinions of the Court 141 Opinions per curiam in argued cases **9 Number of lawyers admitted to practice as of October 3, 1982: On written motion 4,077 On oral motion 1,002 Total 5,079 * Includes No. 89 Orig. ** Includes No. 81-89 *** Includes No. 81-1810 dismissed under Rule 53 on August 19, 1982. Ill GENERAL: Page Court convened to announce 1981 Term; to release orders and to hear oral arguments October 5, 1981; adjourned October 4, 1982 1,791 Court closed due to snow January 14, 1982. Court took 5 minute recess to consider whether arguments should be cancelled due to weather January 13, 1982 ... 342 Allotment order, nunc pro tunc 96 Fortas, J., argued case (81-328) 500 announcement of death 595 Lee, Rex E., Solicitor General presented to the Court .... 1 Stewart, J. (Retired), designated and assigned to USCA-2 693 USCA-6 95 USCA-7 253 USCA-9 771 Vasil, Christopher W., appointed Deputy Clerk, effective June 1, 1982 693 APPEALS: Appeal from Special Court, Regional Rail Reorganiza- tion Act of 1973, dismissed without prejudice (No. , Haldeman v. United States Railway Association, etal.) 385 Appeal from Temporary Emergency Court of Appeals (81-96) 387 Appeal order issued on non-order list day (81-335) 231 Dismissed for want of jurisdiction, opinion per curiam (80-1576) 342 Further consideration of suggestion of mootness deferred to hearing of case on the merits (81-1064) 704 Motion to dismiss appeal as moot denied (80-6298) 161 Motion to expedite granted in part; judgment vacated in opinion per curiam and judgment issued forthwith; motion to recall judgment denied, rehearing denied (81-1724) 503, 525, 559 Noted appeal, dismissed later pursuant to Rule 53 (81-741) 309 Order dismissing appeal for want of a substantial fed- eral question vacated. Judgment of Court of Appeals affirmed (81-240) 137 ARGUMENTS: Cases consolidated for briefing and argument on motion of Solicitor General (81-298 and 81-799) 390 IV AEGUMENTS—Continued Page Case restored to calendar for reargument; motion to schedule argument in tandem with related case denied (81-349) 602, 683 Cases restored to calendar for reargument (80-1832, 80-2170, and 80-2171) 787 Counsel for petitioner and respondent granted leave to argue pro hac vice; argued (81-5321) 392, 504 Court allocated time for oral argument (80-1798, 80-1808 and 81-91) 289 Deferral of oral argument granted; further deferral granted (80-1640 and 80-1656) 212, 801 Divided argument in consolidated cases granted and each of three parties allotted 20 minutes (78-1545 and 80-951) 108 Leave granted counsel to use electronic equipment to in- terpret oral argument; case argued (80-1002) 389, 504 Leave to file affidavits after argument denied (80-1464) ... 161 Leave to schedule oral argument during April 1982 session denied (81-184; 81-825) 544, 545 ATTORNEYS: Counsel appointed (80-1595; 80-1608; 81-213; 81-5114; 80-2205; 80-2195; 81-420; 81-1095; 81-1121; 81-1774) ... 8, 191, 213, 238, 267, 307, 369, 578, 668, 788 Counsel invited to brief and argue in support of judgment below as amicus curiae (80-1285; 81-1 and 81-3). 140, 544 Dissenting opinion issued on application for admission (No. , In the Matter of Admission of Leda M. C. HartweU) 388 (No. In the Matter of Admission of William Evans Benton; and No. , In the Matter of Admission of Michael T. Rose) 458 BRIEFS: Amicus curiae brief signed by 49 states filed (80-2178) Leave denied certain appellants to file separate brief and joint appendix (Attorney General of State permitted to file brief for all appellants) (81-1578) 803 Leave to file reply brief in excess of page limitations denied (81-395) 509 Leave to file supplemental brief as amicus curiae denied (80-2162; 81-451) 544 V BRIEFS—Continued Page Leave to strike brief denied without prejudice to appellees filing a response (81-325) 161 Motion to defer briefing and oral argument denied (81-184) 308 Motion to enlarge questions presented denied (81-184) 308 Motion to strike portions of petitioner's reply brief denied (81-5321) 509 Parties allowed 5 days to respond to suggestion that cases are not ripe (81-1282 and 81-1283) 343 Jurisdiction postponed, certiorari before judgment grant- ed, and cases consolidated; stay of declaratory judgment of USDC entered (81-1282, 81-1283, 81-1312 and 81-1313) 370 Time to file motions to dismiss or affirm shortened (81- 1068) 290 CERTIORARI: Certiorari before judgment denied (81-1626) 557 Certiorari granted limited to question framed by Court (81-1945) 736 Certiorari granted limited to Questions 1 and 2 presented by petition; writ dismissed pursuant to Rule 53 on August 19, 1982 (81-1810) 621 Certiorari granted; parties directed to address question whether Court should reconsider Robbins v. California (80-2209) 112 Certiorari granted. Judgment (USCA) vacated and case remanded with instructions that case be consolidated with ongoing USDC proceeding. Opinion per curiam (81-1097) 683 Certiorari granted. Judgment (USCA) vacated and case remanded with directions to instruct USDC to dismiss limited aspect of case as moot based upon letter from counsel for respondent (81-1098) 458 Certiorari granted. Judgment (USCA) vacated and case remanded with directions to instruct USDC to dismiss petition for habeas corpus (81-1038; 81-5047) 457, 458 Cross-petitions dismissed pursuant to Rule 53 (81-1099 and 81^884) on January 12, 1982. Grant of certiorari amended and limited to 2 questions pre- sented by petition (80-2116) 267 Leave to amend or enlarge questions presented after grant of certiorari denied (81-430; 81-680 and 81-1076) .... 438, 602 VI CERTIORARI—Continued page Motion to defer consideration of petition granted (rehear- ing en banc granted by USCA) (81-876) 438 Motion to dismiss writ denied (80-1714) 306 Motion to dismiss writ as improvidently granted denied (80-1417; 81^60; 81-535) 140, 391 Motion to recall writ denied (81-440) 238 Order denying certiorari amended to show that a Justice would grant certiorari (81-5873) 579 Out-of-time petition for certiorari granted (81-5152) 163 Petition granted limited to Question 2 and case summarily disposed of in opinion per curiam (81-271) 235 Petition to Special Court, Regional Rail Reorganization Act of 1973 (81-792) 314 Suggestion of mootness rejected (81-1222) 602 COSTS: Motion for approval of attorney's fees denied without prej- udice to applying for relief in USCA (80-2128) 735 Motion for award of costs, damages and expenses denied (81-447) 348 Motion for damages and double costs denied (81-1631) 577 Motion not to tax costs denied (80-1121) 438 JUDGMENTS, MANDATES AND OPINIONS: Judgments: Judgment affirmed by equally divided Court (80-847 and 80-1067; 80-1690) 363, 504 Judgment affirmed in part and reversed in part; case remanded to USCA for entry of modified judgment in conformity with judgment of this Court (80-1348) 783 Judgment and opinion of USCA vacated. Appeal dis- missed for want of jurisdiction (81-255) 303 Judgment issued forthwith in opinion of Court (80-2043) 757 Judgment reversed to extent it sustains imposition of death penalty (80-5727) 363 Judgment stayed until October 4, 1982 to afford Con- gress time to remedy constitutional deficiency an- nounced in opinion of Court (81-150 and 81-546) .. 777 Judgment (USCA) reversed and remanded in light of 1973 opinion in opinion per curiam (80-2077) 211 vn JUDGMENTS, MANDATES AND OPINIONS—Continued Page Judgments—Continued Judgment (USCA) reversed and remanded with instructions to reinstate dismissal judgment (80-1377) 263 Judgment (State) vacated and remanded in light of state court decision (81-247) 108 Judgment (USCA) vacated and remanded in light of new federal statute (81-397; 80-2086) 138, 236 Judgment (USCA) vacated and remanded in light of new state statute (80-1872) 6 Judgment (USCA) vacated and remanded with direc- tions to instruct USDC to dismiss complaint with prejudice (81-774 and 81-1511) 786 Judgment (USCA) vacated and remanded with in- structions to remand to Federal Reserve Board to vacate its decision (81-176) 288 Judgment (USCA) vacated and remanded (USDC) with instructions to dismiss habeas corpus petition (81-23) 303 Judgment (USCA) vacated and remanded (respec- tive USDC's) with directions to dismiss cases as moot when parties jointly so move
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