OCTOBER TERM, 1986 Reference Index Contents: page Statistics n General in Appeals in Arguments iv Attorneys iv Briefs iv Certiorari v Costs v Judgments and Opinions v Original Cases vi Parties vii Stays vn Conclusion vn (i) II STATISTICS AS OF JUNE 26, 1987 In Forma Paid Original Pauperis Total Cases Cases Number of cases on docket 12 2,547 2,564 5,123 Cases disposed of 1 2,104 2,241 4,349 Remaining on docket 11 440 323 774 Cases docketed during term: Paid cases 2,071 In forma pauperis cases 2, 165 Original cases 4 Total 4,240 Cases remaining from last term 883 Total cases on docket 5, 123 Cases disposed of 4,349 Number of remaining on docket 774 Petitions for certiorari granted: In paid cases 121 In in forma pauperis cases............... 14 Appeals granted: In paid cases 31 In in forma pauperis cases 1 Total cases granted plenary review 167 Cases argued during term 175 Number disposed of by full opinions 164 Number disposed of by per curiam opinions 10 Number set for reargument next term 1 Cases available for argument at beginning of term 101 Disposed of summarily after review was granted 4 Original cases set for argument 0 Cases reviewed and decided without oral argument 109 Total cases available for argument at start of next term 91 Number of written opinions of the Court 145 Opinions per curiam in argued cases 9 Number of lawyers admitted to practice as of October 4, 1987: On written motion 3,679 On oral motion...... 1,081 Total................................ 4,760 HI GENERAL: page Allotment of Justices 104 Augustyn, Noel, announcement of appointment as Admin- istrative Assistant to the Chief Justice 347 Brennan, J., announcement of 30th anniversary in Court.. 141 Court closed due to snow, January 26, 1987 Court convened to announce beginning of October Term 1986 on October 6, 1987 (Justice Scalia took no part in the first Order List) 1 Lind, Henry, Reporter of Decisions, announcement of retirement 346 McCree, Wade H. Jr., former Solicitor General, died Au- gust 30, 1987 O'Connor, J., assigned to the Eleventh Circuit 835 Powell, J., announcement of retirement by the Chief Justice 801 Rehnquist, C. J., assigned to the Fifth Circuit in addition to Justice White 815 Scalia, J., assigned to the District of Columbia Circuit as Circuit Justice (in order to take part in decisions of cases argued while circuit judge) 271 Scalia, J., assigned to the Eleventh Circuit; order va- cated 815, 835 Snow did not cancel oral arguments on February 23, 1987 although Washington was shut down 441 Stewart, J., Memorial and Resolutions of the Bar 160 Wagner, Frank D. appointed Reporter of Decisions to suc- ceed Henry Lind and announcement 346, 347 White, J., assigned to the Eleventh Circuit; order va- cated 801, 815 Zagami, James, Captain of Police, announcement of retirement 347 APPEALS: Appeal dismissed for want of jurisdiction. Treated as cer- tiorari, certiorari granted, judgment reversed in opinion of Court (85-1200) 517 Appeal in noted case dismissed because there is no longer a live controversy and because Question 2 does not present a substantial federal question (86-781). Related appeal dismissed pursuant to Rule 53 on July 9, 1987. .. 633 IV APPEALS - Continued Page Cross-appeal dismissed when judgment in first appeal af- firmed (86-369 and 86-378)........;.................... 176 Jurisdiction postponed to hearing of case limited to Ques- tion I (85-673) 119 Motion to dismiss appeal denied (86-133) 299 Motion to expedite cross-appeal granted, further consider- ation deferred to disposition of first appeal (86-5678) ... 178 Vacated and remanded in light of position asserted by So- licitor General in his brief as amicus curiae (85-1773).. 241 ARGUMENTS: Appellees allowed divided argument (85-1206)................ 8 Attorney in Military case wore uniform while presenting oral argument (85-1581) 444 Attorney permitted to argue pro hac vice (85-1520) 8 Case restored to calendar for reargument and parties di- rected to brief and argue additional questions (86-228) 790 Leave to argue pro se denied (86-595) 452 Reargument of case limited to one issue (85-5)....... 141 Scheduled argument deferred and parties directed to file supplemental briefs, another case substituted (85-673)..... 523, 561 Two former Solicitors General presented argument (85-1021 and 85-1022) 110 ATTORNEYS: Appointment of counsel granted (85-1656; 85-6790; 85- 2099, 85-5221, 85-2067; 86-246; 85-5348; 86-572; 86- 5324; 86-877, 86-6169; 86-6060; 86-6109).... 9, 144, 178, 242, 275, 298, 317, 358, 496, 566, 635 Argument by attorney at invitation of Court in support of judgment below (85-530; 85-1347; 86-595; 86-1108) 141, 269, 452, 566 Resignation from the Bar accepted (D-591; D-583; D-595; D-600; D-610; D-625; D-580; D-632, D-637, D-640) .... 314, 378, 402, 495, 564, 691, 788, 789 BRIEFS: Parties directed to file supplemental briefs addressing questions presented by Court following argument (85-792 and 85-793) 242 V BRIEFS - Continued page Parties directed to file supplemental briefs within 20 days addressing questions presented by Court (85-732) 220 Suggestion of mootness rejected (86-890) 712 CERTIORARI: Certiorari dismissed as moot (Rook executed) (86-5500)... 103 Certiorari granted limited to question presented by Court (85-6725).. 120 Certiorari granted without calling for response (86-497; 86-531) 244 Certiorari vacated and remanded in light of new federal statute (85-1735) 273 Grant of certiorari amended by later order (86-1415). 712 Leave to dispense with printing appendix to petition for writ of certiorari granted. (No. ) 176 Motion to defer consideration of petition for certiorari granted for 90 days (86-440) 404 Motion to direct Clerk not to file petition for failure to com- ply with Rule 33.7 denied. (No. ) 203 Motion to expedite and petition for certiorari granted. Briefing schedule set (86-87) 179 Parties invited to brief and argue question of possible mootness in order granting certiorari (86-1217) 566 Pending petition for certiorari granted in opinion of Court in related case and cases remanded to USCA to transfer to USCA for the Federal Circuit (86-298) 701 Writ dismissed as improvidently granted. Opinion per curiam. (85-1217; 85-1672; 85-303, 86-1656; 86-319; 86- 1835) 448, 517, 519, 657, 780 COSTS: Leave to proceed in forma pauperis without submitting an affidavit granted (No. ) (No. ) (No. ) (No. ) 220, 356, 690 Motion to retax costs granted (85-1589). 597 JUDGMENTS, MANDATES AND OPINIONS: Judgments: Granted case summarily vacated and remanded on basis of joint stipulation of dismissal (86-1408) 690 VI JUDGMENTS, MANDATES AND OPINIONS - Continued page Judgments: Judgment affirmed and case remanded (85-1708) 447 Judgment affirmed by equally divided Court (86-231, 86-253) 657 Judgment affirming enhancement of fee award for contin- gency of success reversed (85-5)........ 786 Judgment issued forthwith in opinion of Court (85-1798) .. 553 Judgment reversed, costs retaxed (85-1589) 444 Judgment vacated to extent it affirmed capital sentence (85-5020).... 745 USDC instructed to enter order granting habeas corpus petition unless State within reasonable period of time resentences petitioner as required by Lockett v. Ohio or vacates death sentence and imposes lesser sentence in opinion of Court (85-6756) 591 Opinions: Scalia, J. First opinion announced (85-558, 85-559, 85-560) 199 Single opinion announcing judgments in state court case and federal court case (85-5221 and 85-5731) 349 Writ dismissed as improvidently granted in per curiam opinion (84-1947) 234 ORIGINAL CASES: 6 Orig.— Leave to file petition to enforce decree granted. Proceeding shall be docketed as 108, Original 357 9 Orig.— Supplemental Report of Special Master re- ceived and ordered filed. Briefing schedule set 565 35 Orig.— Accounting of Special Master received and ordered filed 6 65 Orig. — Report of Special Master received and ordered filed. Briefing schedule set. Special Master allowed interim fee. Exceptions set for oral argument in due course. Leave to partici- pate in oral argument as amici curiae de- nied. Opinion announced 402, 451, 725 94 Orig. — Report of Special Master received and ordered filed. Briefing schedule set 402 0 VII ORIGINAL CASES -Continued page 106 Orig. — Leave to file bill of complaint granted. Defend- ant allowed 60 days to answer. Special Mas- ter appointed 118, 451 107 Orig. — Leave to file bill of complaint denied 402 108 Orig. — Leave granted Wyoming to file counterclaim. Special Master appointed 565, 758 PARTIES: Leave to intervene granted (86-421) 299 Motion to substitute granted (86-939) 453 STAYS: Stay entered by Chief Justice vacated with order denying certiorari (86-172) 151 Stay of deportation denied by order of Court (A-732) (Karl Linnas deported to Soviet Union)..... 564 Stay of execution of sentence of death denied (A-269) (DeLuna executed); (A-426; A-436) 115, 270, 295 Stay of execution of sentence of death granted pending action on petition for certiorari. Certiorari granted (86-6867) 751, 760 Stay granted by Court conditioned upon posting of good and sufficient bond (A-846); further stay granted (86-1970) 690, 780 Stay of mandate in capital case granted pending filing of out-of-time petition for certiorari on or before June 3, 1987 (A-786) 616 CONCLUSION: Announcement that Term will conclude June 26, 1987...... 784 Call of calendar suspended, last arguments heard April 29, 1987 604, 613 Last order of Term on September 30, 1987. 879 Remarks by the Chief Justice regarding last day of Term. 801 (JOURNAL) MONDAY, OCTOBER 6, 1986 1 SUPREME COURT OF THE UNITED STATES Present: Chief Justice Rehnquist, Justice Brennan, Justice White, Justice Marshall, Justice Blackmun, Justice Powell, Justice Stevens, Justice O'Connor, and Justice Scalia The Chief Justice said: "I have the honpr to announce, on behalf of the Court, that the Octo- ber 1985 Term of the Supreme Court of the United States is now closed and the 1986 Term is now convened." .