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1968 Journal

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1968 Journal OCTOBER TERM, 1968 REFERENCE INDEX CONTENTS: Page Statistics II General II Rules III Appeals III Arguments IV Attorneys V Briefs V Certiorari VI Costs and Damages VII Extraordinary Writs VII Judgments, Opinions and Mandates VII Original Cases X Parties XI Records XI Rehearings XI Stays and Bail _ XI Conclusion XII 379-111—70 : : STATISTICS Original Appellate Miscella- Total neous Number of cases on dockets — _ 9 1,559 2,350 3,918 Cases disposed of 0 1,288 1,863 3,151 Remaining on dockets 9 271 487 767 Cases disposed of—Appellate Docket By written opinions 113 By per curiam opinions or orders 192 By motion to dismiss or per stipulation (merits cases) 0 By denial or dismissal of petitions for certiorari 983 Cases disposed of—Miscellaneous Docket By written opinions 0 By denial or dismissal of petitions for certiorari 1,603 By denial or withdrawal of other applications 168 By granting of other applications 2 By per curiam dismissal of appeals 18 By other per curiam opinions or orders 38 By transfer to Appellate Docket 34 Number of written opinions 99 Number of printed per curiam opinions 14 Number of petitions for certiorari granted (Appellate) 62 Number of appeals in which jurisdiction was noted or post- poned (Appellate) 38 Number of admissions to bar 2,906 GENERAL: Page Court convened October 7, 1968 and adjourned June 23, 1969. President Nixon, Court met and adjourned for the purpose of attending the Inauguration (January 20, 1969) 199 President Nixon's tribute to Chief Justice Warren on his retirement (June 23, 1969) 447 Chief Justice Warren's response 449 Eisenhower, Dwight D., President, Announcement of death (March 31, 1969) and adjournment out of respect 297 Burger, Chief Justice, Commission read and oath taken 451 Ill GENERAL—Continued Page Correspondence between Court and Chief Justice Warren upon his retirement 452 Reed, J., Designated and assigned to U.S. Court of Claims 242 Clark, J., Designated and assigned to U.S. Court of Ap- peals for the Second Circuit 242 Designated and assigned to U.S. Court of Customs and Patent Appeals 323 Clark, J., Presented motion for admission 310 Douglas, J., Court's tribute upon completion of thirty years on Court 326 Brennan, J., Temporarily assigned to First Circuit as Circuit Justice 399 Fortas, J., Announcement of resignation (May 14, 1969) __ 368 Presentation of "The Occasional Papers of Mr. Justice Burton" by William S. Burton and Chief Justice's ac- knowledgment thereof 368 Mitchell, John N., Attorney General, Presented and ad- mitted to practice 216, 217 Court convened at 9 : 00 a.m. to hear argument on applica- tion (647) 14,67 Admissions, opinions and orders on Inauguration Day 191 Motion under 28 U.S.C. 455 suggesting disqualification of Justice denied (1276) 392 RULES: Federal Rules of Procedure for United States Magistrates prescribed (May 19, 1969) 375 APPEALS: Dismissed (State) by Court two days after filing (Election case re absentee ballots) (605) 3 Dismissed (State) for reason that "very doubtful if any effective relief would be possible" (Absentee ballot case) (605) 3 Argued and decided without noting jurisdiction (Election cases) (543-544) 4,63 Dismissed (USDC) for failure to comply with Rule 13 (1)—Decree April 2; docketed October 16 (659) 133 Dismissed (State) for want of a final judgment (738) 164 Dismissed (State) without comment (914) 219 Dismissed (State) it appearing that the judgment below rests upon an adequate state ground (945) 250 Dismissed (State) for want of a "properly presented fed- : IV APPEALS—Continued Motion of appellant to dismiss appeal under Rule 14(1) granted (No. , United Telephone Company of Flor- ida v. Mayo etal.) 346 ARGUMENTS Set for argument in stay order by Justice prior to conven- ing of Court with approval of Court (543-544) 4 Argument held on opening day of Court (Wallace-Ohio election) (543-544) 4 Motion to advance and expedite hearing and disposition of case denied upon representation of State of physical impossibility to effectuate relief sought (620) 14 Motion to advance and expedite denied (647) 68 Motion to advance granted (798, 997) 278 Motion to advance denied (2 Misc.) 426 Motion to "expedite review" denied (1539-1540) 438 Motion to expedite denied (2085 Misc., 2164 Misc., 2199 Misc.) 440 Motion to postpone oral argument denied (463) 221 Further consideration of suggestion of mootness postponed to hearing on merits (138) 209 In postponing jurisdiction, Court directed parties to express their views as to whether there was presented a genuine case or controversy (876) 317 Motion to preclude argument on question not in issue and to clarify status of franchise of one party denied (19) __ 13 Counsel requested to discuss in briefs and argument ques- tion not presented in initial briefs (48) 15 Set for reargument limited to certain questions not specified in the original writ (201) 155 Timeliness of petition reserved for oral argument—Court held time properly computed from date of decree and not from date of opinion (394 U.S. 423) (273) 16 Motion to remove case from summary calendar denied (646) 155 Motion to remove case from summary calendar granted (138,622,717) : 165, 221, 278 Motion for leave to argue as amicus curiae denied (243) 155 Motion for two attorneys to argue granted (273) 155 Motion to consolidate for argument denied (216) 165 Joint motion of appellants to enlarge time for argument granted (580, 813) 193 : : — V AEGUMENTS—Continued Page Motion for rule to show cause why State Court Judge should not be held in contempt of this Court set for argument with expedited appeal on main case. Decision postponed pending appropriate proceedings in USDC (647) 156, 291 Four cases consolidated and four hours allotted for argu- ment "for these appeals and any other appeal taken from the same judgment as to which jurisdiction may hereafter be noted" (899, 942, 999, 1003) 222 Argument on Friday (647) 67 Restored to calendar for reargument (528, 663, 477, 622, 163, 244, 269, 580, 813) 376, 392, 427 ATTORNEYS Suspension and rule to show cause issued. Resignation re- ceived and accepted. Rule discharged (Edith Fischer Lichota, 993 Misc.) 13, 222 Suspension and rule to show cause issued. Disbarment of Norman E. Sill (1700 Misc.) 264,362 Suspension and rule to show cause issued. (Thomas W. Sullivan, 2000 Misc.) 346 Disbarment of Sol Rothbard (269 Misc.) 221 Counsel appointed (39, 74, 197, 198, 199, 642, 644, 670, 366, 413, 749, 297, 418, 453, 750, 662, 770, 974, 1084, 1099, 1064,1192,1406,1474) 13, 14, 97, 134, 135, 165, 166, 221, 278, 293, 301, 302, 361, 417, 440 Motion for "assistance of counsel" in in forma pauperis case granted, and counsel appointed "to brief and argue" the case (228) 209 Counsel appointed to brief and argue case, as amicus curiae, in support of judgment below (488) 209 Attorney challenging "plan" of CA-9 requiring appointed attorneys to file certiorari if petitioner desires treated as petition for certiorari and action thereon deferred matter referred to CA-9 for "consideration and action" (No. Malagon-Ramirez v. States) , United 220 Motion for leave for two attorneys to participate in oral argument granted (620) 278 BRIEFS Attorney General of State (California) invited to file amicus curiae brief expressing views of State (163) 14 379-111—70 2 : VI BRIEFS—Continued Page Attorney General of State (Ohio) invited to file brief expressing views of State in case where local prosecutor was counsel for State in this Court (492) 112 Solicitor General invited to file brief expressing views of respondents with respect to applicability to these cases of recent opinion (1036, 1059, 1060, 1067) 440 Parties and Solicitor General, as amicus curiae, invited to file further briefs on designated question in "argued" case (436) 311 Briefing schedule expedited in expedited case (647) 156 Time for filing briefs on merits in miscellaneous case fixed (2 Misc.) 426 Request for acceleration of response to mandamus denied without prejudice (N.Y. senatorial election) (1065 Misc.) 93 Motion to strike response to jurisdictional statement denied (179) 9 Motion for leave to file brief after argument granted and brief to be filed within 10 days (44) 165 Motion to dispense with printing respondent's brief denied (1074) 303 Motions to dispense with printing petitions for certiorari denied and Clerk directed to proceed under Rule 39 (4) of Rules (1113, 1115) 329 Motion for leave to file amicus curiae brief after argument granted (622) 361 Motion to join in amicus curiae brief granted (705) 361 Motion for leave to file amici curiae brief after argument granted to extent of filing the brief already submitted (642) 1 376 CERTIORARI Writ dismissed as improvidently granted (131, 74, 44, 39) 133, 208, 390 Writ dismissed for want of jurisdiction after argument. Three justices voting to dismiss as improvidently granted (76) 299 Writ dismissed' after argument for want of jurisdiction (670) 425 Granted as to one petitioner and "denied as to the other petitioners" (84) 273 : : : VII CERTIORARI—Continued Page Granted as to two petitioners and "denied as to other peti- tioners" (317) 275 Granted as to one petitioner and judgment vacated as to him; denied as to other petitioners (1879 Misc.) 439 Denied two days after case was docketed (Election case re absentee ballots) (606) 3 Motion to defer consideration of petition for certiorari granted (193, 1163, 1216, 1101) 14, 376,406 Motion of petitioner to dismiss writ under Rule 60 granted (480) 166 Denied "without prejudice to an application for a writ of habeas corpus in the appropriate USDC" (1088 Misc.) 214 Motions to dispense with printing petitions for certiorari denied (1191, 1205) 380 Motion for leave to file reprinted petition with amend- ments granted ( 660 ) 408 Dissenting opinion on denial of certiorari holds that two- day delay in filing civil case not fatal (1061) 332 COSTS AND DAMAGES Motion for damages under Rule 56 denied (1127) 392 EXTRAORDINARY WRITS Habeas corpus denied with four Justices voting to transfer case to USDC under 28 U.S.C.
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