7^ OCTOBEE TEEM, 1962 STATISTICS Original Appellate Miscella- Total neous Number of cases on dockets 15 1, 182 1, 627 2, 824 Cases disposed of 7 972 1, 371 2, 350 Remaining on dockets 8 210 256 474 Cases disposed of—Appellate Docket: By written opinions 129 By per curiam opinions or orders 153 By motion to dismiss or per stipulation (merits cases) 0 By denial or dismissal of petitions for certiorari 690 Cases disposed of—Miscellaneous Docket: By written opinions 0 By denial or dismissal of petitions for certiorari 1, 086 By denial or withdrawal of other applications 156 By granting of other applications 7 By per curiam dismissal of appeals 34 By other per curiam opinions or orders 65 By transfer to Appellate Docket 23 Number of written opinions 110 Number of printed per curiam opinions 19 Number of petitions for certiorari granted 115 Number of appeals in which jurisdiction was noted or post- poned 36 Number of admissions to bar 2, 682 REFERENCE INDEX Court convened October 1, 1962 and adjourned June 17, 1963. Frankfurter, J., Announcement of retirement (August 28, 1962) and correspondence thereon (October 1, 1962) 1 Goldberg, J., Commission read and oaths taken (October 1, 1962) (President Kennedy attended ceremony) 6 Harlan, J., Temporarily assigned to USCA-9 for consideration of one matter (No journal entry. Order of C.J. of June 25, 1963) . n Fag* Reed, J., Designated and assigned to USCA-DC 8 Designated and assigned to U.S. Court of Claims 82 Burton, J., Designated and assigned to USCA-DC 8 Court recessed from noon until 2 p.m. to attend Joint Session of Congress to hear President's address on the State of the Union, adjourning at 4 p.m. (January 14, 1963) 150 Allotment order (October 15, 1962) 59 Argument by Attorney General Kennedy for U.S. as amicus curiae in Georgia "County Unit" case (112) (January 17, 1963) 158 RULES: Rule 61 promulgated covering proceedings from Supreme Court of Commonwealth of Puerto Rico 324 Rules of Civil Procedure amended (Rules amended 4, 5, 6, 7, 12, 13, 14, 15, 24, 25, 26, 28, 30, 41, 49, 50, 52, 56, 58, 71A, 77, 79, 81 and 86. Forms amended 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 18, 21, 22-A and 22-B. New forms adopted 30, 31 and 32.) (Promulgated January 21, 1963, transmitted to Congress January 21, 1963) (Mr. Justice Black and Mr. Justice Douglas dissent 184) 164 Order amending Rule 86 of Rules of Civil Procedure to fix effective date of prior amendments as July 1, 1963 235 APPEALS: jJi/P^ Appeal—First appeal from USCA/created as petition for certiorari under 28 U.S.C. Stfas amended (122) 10 Appeal from USDC dismissed for want of jurisdiction (592) 152 Motion to affirm in one case granted and judgment common to both cases affirmed (985-1050) 350 Appeals from USDC dismissed as order not appealable under 28 U.S.C. 1253 (688-689) 358 ARGUMENTS: Practice in making journal entries on oral arguments in consolidated cases changed so as to show counsel for all parties on one side of cases arguing for that particular side (108-109-110-125) 219 Argument pro hac vice (40, 283, 506) 60, 157, 286 Motion to remove from summary calendar granted (464, 631) 222,256 Motion to remove from summary calendar denied (11, 26) _ 49, 380 No appearance for appellee (case argued by appellant) (506) 286 : Ill ARGUMENTS—Continued Pag, Motion to advance denied (1011) 320 Joint motion to postpone argument granted in view of possibility of mootness (271) —subsequently dismissed- 193, 374 Cases restored for reargument (164, 26) 298,320 Motion for leave to argue as amicus curiae denied (80, 62, 332) 74,90,162 Motion of Solicitor General for leave to argue as amicus curiae granted without indicating party supported. 15 minutes additional allowed each side. (150) 162 Leave to file brief amicus curiae, granted, but leave to argue denied (403) 255 Argument directed upon grant of certiorari to question of whether judgment is supported by adequate state grounds (585) 265 Case removed from regular calendar and placed on sum- mary calendar where party seeking to intervene requested time to argue (403) 380 Counsel filing motion to substitute permitted to file briefs and argue in support of motion and on merits at time of hearing on merits (403) 380 ATTORNEYS Counsel appointed (57, 201, 202, 489, 491-494, 1135, 1170) 13,14,75,380 Suspension of right to practice and rule to show cause issued. Resignation submitted and accepted. Rule to show cause discharged. (573 Misc.—Brodstein) 13,75 Suspension of right to practice, rule to show cause and dis- barment (598 Misc.—Gately) 50,110 Disbarment order (53 Misc.—Chopak) 67 Petition to vacate order of disbarment and reinstate order of suspension denied (23 Misc., O.T. 1959—Alker) 109 Motion for leave to withdraw appearance granted (661, 97-98-99, 403) 162,192,193 Motion for allowance of attorney's (not appointed) trans- portation expenses denied (34) 264 Motion to amend attorneys' roll to show change of name granted (Zavin) 332 Motions for appointment of counsel to prepare petitions for certiorari denied (six oases) 350 : — IV ATTOENEYS—Continued Pag. Motion for appointment of counsel to prepare petition for certiorari denied (Oppenheimer v. California). At this time Clerk was directed to follow policy of advis- ing litigants that the Court would not appoint counsel to assist indigent litigants in preparing petitions for certiorari 380 Postmaster General J. Edward Day admitted to practice— 371 BEIEFS Motion to strike matter from appendix to brief denied (119) 192 Motion to strike respondent's brief denied (563) 198 Motion for leave to file amicus curiae brief denied as un- timely (Motion submitted three days before argument) (119-142) 212 Motion to be "heard" as amicus curiae, denied (403) 255 CERTIORAEI: Action on Thursday with execution set for Friday (348 Misc.) 64 Action on Friday in view of imminence of death penalty not announced mitil 9 p.m. in view of pendency of ancillary proceedings in USDC (1293 Misc.) 252 Action on Friday in view of imminence of date of execution (765 Misc., 1061 Misc., 14i4 Misc.) 106,209,370 Denied in light of representation of respondent that relief sought would be granted upon proper application below (596 Misc.) 340 Denied, "Court having duly noted the undertaking of the Solicitor General that the Government will not contest the vacation of petitioner's adult commitment if a motion under 28 U.S.C. 2255 is filed in the sentencing court" (20 Misc.) 70 Writ dismissed in per curiam (133). Thereafter rehear- ing granted, dismissal vacated, and judgment below va- cated 151,277 Writ dismissed as improvidently granted after argument without prejudice to application for federal habeas corpus relief under 28 U.S.C. 2241 after exhaustion of any state remedies still open to petitioner (667) 306 Writ dismissed as improvidently granted as to one of two judgments covered by one petition for certiorari—judg- ment reversed as to other judgment (70) 260 V CEKTIORAKI—Continued Page Motion to dismiss writ denied (140) — 90 Motion to dismiss petition for certiorari granted where pe- tition had been filed by unauthorized party and not by State Attorney General (398)„_ 90 Grant limited to the "point of law raised" in a cited case (211 Misc.) 100 Grant limited to certain enumerated question (463, 476) 123 Limited grant but question spelled out in view of possibility of ancillary question presented by footnote in petition (332) 75 Motion to supplement petition granted where original pe- tition was filed before judgment and CA subsequently de- cided case (430) 50 Motion of one petitioner to withdraw from joint petition for certiorari granted in opinion affirming judgment (493) 349 Motion to amend petition granted (422) 102 Motion to supplement petition granted (783 Misc.) 299 Motion to consider an "out of time" petition for certiorari state. No action taken on motion but petition for cer- tiorari granted (374 Misc.) 131 Motion to defer consideration of petition denied (467) 113 Granted in per curiam opinion and judgment affirmed "Featherbedding Case" (730) 221 Denied as not "timely filed" (Petitioner attempted to re- vive "out of time" case by securing leave to file petition for rehearing for that purpose in CA (713) 243 Dissenting opinion from denial (Black, J., 824) , 333 COSTS AND DAMAGES: Motion of petitioner (sole stockholder in corporation) for leave to proceed in forma pauperis, denied (267) - 25 Motion for damages denied (346) 136 Motion of corporation for leave to proceed in forma pau- peris denied (No. Flora Construction Co. v. NLRB) - 242 Costs and interest allowed upon typewritten request against U.S. in admiralty case under 46 U.S.C. 743 and 782 (65) _ 380 €98-781—63 2 : : VI EXTKAOKDINAEY WITS : Page Motion for leave to file petition for writ of mandamus and petition for writ of mandamus granted (no formal writ issued) (139 Misc.) 48 Motion for leave to file petition for writ of habeas corpus "transferred" to USDC under 28 U.S.C. 2241(b) and Rule 31(6) (213 Misc.) 133 Habeas corpus denied but treated as certiorari and granted—judgment vacated (37 Misc., 810 Misc., 979 Misc.) 279,378,379 Petition for stay and dissolution of state court injunction denied (Salter v. City of Jackson) 370 Motion for leave to file certiorari denied, but treating papers as petition for certiorari (28 U.S.C. 1257), cer- tiorari granted and judgment vacated (872 Misc.) 378 Motion for certificate of probable cause denied with opinion (Harlan, J.