OCTOBER TERM 2002 Reference Index Contents: - Supreme Court ...

JNL02$0121—02-03-03 09:37:28 JOURNAPGT MILES
(JOURNAL) TUESDAY, JANUARY 21, 2003
549
SUPREME COURT OF THE UNITED STATES
Present: Chief Justice Rehnquist, Justice Stevens, Justice O’Connor,
Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice
Ginsburg, and Justice Breyer.
The Chief Justice said:
“Today’s orders of the Court have been duly entered and certified,
and filed with the Clerk, and they will not be otherwise announced.”
Certiorari—Summary Disposition
No. 01–10940. James Edward Price, Petitioner v. United States. On
petition for writ of certiorari to the United States Court of Appeals
for the Fifth Circuit. Motion of petitioner for leave to proceed in forma
pauperis and petition for writ of certiorari granted. Judgment vacated,
and case remanded to the United States Court of Appeals for the Fifth
Circuit for further consideration in light of United States v. LaBonte,
520 U. S. 751, 759-760 (1997), and the Solicitor General’s acknowledgement
that the Court of Appeals “erred in concluding that petitioner’s
drug possession offense qualified as a predicate felony” under 18
U. S. C. § 924(c) in the absence of notice under 21 U.S.C. § 851(a). Brief
in Opposition 12. Dissenting opinion by Justice Scalia with whom The
Chief Justice and Justice Thomas join. Dissenting opinion by Justice
Kennedy.
Orders in Pending Cases
No. 02M47. Leroy Jenkins, Petitioner v. Jonathan R. Walls, Warden.
Motion to direct the Clerk to file a petition for writ of certiorari out-oftime
denied.
No. 02M48. Gregory Devon Murphy, Petitioner v. James S. Reinhard,
M.D., Commissioner, Virginia Department of Mental Health, Mental
Retardation and Substance Abuse Services. Motion for leave to proceed
in forma pauperis without an affidavit of indigency executed by
petitioner granted.
No. 02–728. Brandon Valdivieso and David Kickzales, Petitioners v.
Atlas Air, Inc. Motion of petitioners to expedite consideration of the
petition for writ of certiorari denied.
No. 02–7510. Carolyn Bandy, Petitioner v. Sprint Mid-Atlantic Telecom,
Inc. Motion of petitioner for leave to proceed in forma pauperis
denied. Petitioner allowed until February 11, 2003, within which to pay