456 U. S. 3 May 3, 1982 that has already been resolved in his favor by the Court of Appeals. It seems reasonable to assume that the District Court will grant the relief mandated by the Court of Appeals, that the District Court order will then be promptly appealed by the Warden, and that the Court of Appeals thereafter will decide both the Wainwright v. Sykes issue and the three Sandstrom questions precisely as it decided them in the opinion that this Court today is vacating. It seems equally likely that the Warden will remain dissatisfied with that ruling and then once again file a petition for certiorari, at which time the Court can then determine whether to review the questions that are now presented. The predictable consequences of the order the Court enters today illustrate the fact that the rule of Rose v. Lundy merely complicates and delays the termination of habeas corpus litigation. It disserves the interest of busy federal judges as well as the interest of deserving litigants. I respectfully dissent. No. 81-1029. INTERNATIONAL ASSOCIATION OF MACHINISTS & AEROSPACE WORKERS, AFL-CIO, ET AL. v. TERRELL ET AL. C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Pullman-Standard v. Swint, ante, p. 273. Reported below: 644 F. 2d 1112. No. 81-1666. GRANT v. WASHINGTON PUBLIC EMPLOYMENT RELATIONS COMMISSION ET AL. Sup. Ct. Wash. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Larson v. Valente, ante, p. 228. Reported below: 96 Wash. 2d 454, 635 P. 2d 1071. "Those prisoners who misunderstand this requirement and submit mixed petitions nevertheless are entitled to resubmit a petition with only exhausted claims or to exhaust the remainder of their claims." Id., at 520. 'Nothing in the Court's opinion in Rose v. Lundy, or in anything the Court has written since, justifies the Court's reaching out on its own initiative to apply its new rule to previously decided cases. Miscellaneous Orders No. A-891. BENJAMIN S. v. KURIANSKY, DEPUTY ATTORNEY GENERAL OF NEW YORK. Ct. App. N. Y. Application for stay, addressed to THE CHIEF JUSTICE and referred to the Court, denied. No. A-897. CORP.; and No. A-913. COASTAL PETROLEUM Co. v. MOBIL OIL BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF FLORIDA v. MOBIL OIL CORP. C. A. 11th Cir. Applications for stay, addressed to JUSTICE BRENNAN and referred to the Court, denied. No. A-906. ANDERSON ET AL. v. FLATEAU ET AL. Application for stay of the order of the United States District Court for the Southern District of New York, entered March 26, 1982, addressed to JUSTICE REHNQUIST and referred to the Court, denied. No. D-265. IN RE DISBARMENT OF GRANT. It is ordered that Arthur H. Grant, of Chicago, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-266. IN RE DISBARMENT OF FELDMAN. It is ordered that Herman Feldman, of Chicago, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-267. IN RE DISBARMENT OF DEFAZIO. It is ordered that Charles DeFazio III, of Newark, N. J., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. 456 U. S. No. D-256. barment entered. 902.] May 3, 1982 IN RE DISBARMENT OF DEFRANCIS. Dis [For earlier order herein, see 455 U. S. It is or No. D-268. IN RE DISBARMENT OF CYPHERS. dered that Phillip L. Cyphers, of Pasadena, Tex., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-269. IN RE DISBARMENT OF BROWN. It is ordered that Callis N. Brown, of Teaneck, N. J., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-270. IN RE DISBARMENT OF MORITZ. It is ordered that Andrew Bruce Moritz, of San Diego, Cal., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D-271. IN RE DISBARMENT OF WAJERT. It is ordered that John M. Wajert, of Phoenixville, Pa., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. It is or No. D-272. IN RE DISBARMENT OF LANGKAM. dered that Leonard Langkam, of Detroit, Mich., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. May 3, 1982 456 U. S. No. 27, Orig. OHIO v. KENTUCKY; and No. 81, Orig. KENTUCKY v. INDIANA ET AL. Report of Motion of [For ear the Special Master on the motion of Dorothy Cole et al. for leave to intervene is received and ordered filed. Dorothy Cole et al. for leave to intervene denied. lier order herein, see, e. g., 454 U. S. 1076.] No. 81-202. NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE ET AL. v. CLAIBORNE HARDWARE CO. ET AL. Sup. Ct. Miss. [Certiorari granted, 454 U. S. 1030.] Motion of petitioners for leave to file a supplemental brief after argument granted. JUSTICE MARSHALL took no part in the consideration or decision of this motion. No. 81-298. COMMUNITY TELEVISION OF SOUTHERN CALIFORNIA v. GOTTFRIED ET AL.; and No. 81-799. FEDERAL COMMUNICATIONS COMMISSION v. GOTTFRIED ET AL. C. A. D. C. Cir. [Certiorari granted, 454 U. S. 1141.] Motion of respondents for additional time for oral argument granted, and 10 additional minutes allotted for that purpose. Request of respondents for divided argument denied. No. 81-349. CHICAGO BRIDGE & IRON Co. v. CATERPILLAR TRACTOR CO. ET AL. Sup. Ct. Ill. [Probable jurisdiction noted, 454 U. S. 1029.] Case restored to calendar for reargument. JUSTICE STEVENS took no part in the consideration or decision of this order. No. 81-680. HERMAN & MACLEAN v. HUDDLESTON ET AL.; and No. 81-1076. HUDDLESTON ET AL. v. HERMAN & MACLEAN ET AL. C. A. 5th Cir. [Certiorari granted, ante, p. 914.] Motion of Ralph E. Huddleston et al. for leave to enlarge question presented for review denied. No. 81-1222. UNITED STATES v. GENERIX DRUG CORP. ET AL. C. A. 11th Cir. [Certiorari granted, 455 U. S. 988.] Respondents' suggestion of mootness rejected. No. 81-827. JEFFERSON COUNTY PHARMACEUTICAL ASSN., INC. v. ABBOTT LABORATORIES ET AL. C. A. 5th Cir. [Certiorari granted, 455 U. S. 999.] Motion of American Pharmaceutical Association for leave to file a brief as amicus curiae granted. JUSTICE O'CONNOR took no part in the consideration or decision of this motion. No. 81-1320. KOLENDER, CHIEF OF POLICE OF SAN DIEGO, ET AL. v. LAWSON. C. A. 9th Cir. [Probable jurisdiction noted, 455 U. S. 999.] Motion of the parties to dispense with printing the joint appendix denied. Motion of Appellate Committee of the California District Attorneys Association for leave to file a brief as amicus curiae granted. No. 81-1672. PENNZOIL Co. v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA. Sup. Ct. App. W. Va. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 81-6323. GAINES v. ILLINOIS. Sup. Ct. Ill. Motion of petitioner to dismiss the petition for writ of certiorari denied. Motion of court-appointed counsel to order a hearing to determine the competency of petitioner to file a motion to dismiss his petition denied. No. 81-6458. NAJAR v. OMAN ET UX. Ct. App. Tex., 3d Sup. Jud. Dist. Motion of Texas for leave to intervene as a party respondent granted. No. 81-6365. IN RE HOOVER; and damus denied. Probable Jurisdiction Noted Petitions for writs of man No. 81-1551. SCHWEIKER, SECRETARY OF HEALTH AND HUMAN SERVICES v. ROSOFSKY. Appeal from D. C. E. D. N. Y. Probable jurisdiction noted. Reported below: 523 F. Supp. 1180. |