470 U. S. No. 84-6207. March 25, 1985 SOLOMON v. HARRIS, WARDEN, ET AL. C. A. 2d Cir. Certiorari denied. Reported below: 749 F. 2d 1. No. 84-6208. WILLIAMS v. SOUTHERN BELL TELEPHONE & TELEGRAPH Co. C. A. 11th Cir. Certiorari denied. No. 84-6225. PROVOW v. MINTZES, WARDEN. C. A. 6th Cir. Certiorari denied. No. 84-6243. BETKA V. HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES. C. A. 9th Cir. Certiorari denied. C. A. 4th Cir. Cer No. 84-6281. LOTT v. UNITED STATES. tiorari denied. Reported below: 751 F. 2d 717. GONZALEZ v. UNITED STATES. Certiorari denied. Reported below: 751 F. 2d 372. No. 84-6282. C. A. 2d Cir. No. 84-6291. Certiorari denied. RODRIGUEZ v. UNITED STATES. C. A. 7th Cir. No. 84-6323. denied. No. 84-6330. Certiorari denied. No. 84-6334. Certiorari denied. 2d 321. FABIAN v. RYAN. C. A. 11th Cir. Certiorari JAQUES v. UNITED STATES. C. A. 9th Cir. KARABINAS v. NEW YORK. Ct. App. N. Y. No. 84-1047. WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS v. SMITH. C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied. Reported below: 741 F. 2d 1248. No. 84-1099. SOUTHWEST SECURITY EQUIPMENT CORP. v. NATIONAL LABOR RELATIONS BOARD ET AL. C. A. 9th Cir. Motion of National Right to Work Legal Defense Foundation for leave to file a brief as amicus curiae granted. Certiorari denied. Reported below: 736 F. 2d 1332. No. 84-1110. 40 EASTCO v. CITY OF NEW YORK. C. A. 2d Cir. Certiorari denied. JUSTICE MARSHALL took no part in the consideration or decision of this petition.* Reported below: 746 F.2d 135. *See also note *, supra, p. 1067. No. 84-5870. FINNEY v. GEORGIA. Sup. Ct. Ga.; No. 84-6139. SMITH v. WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS. C. A. 11th Cir.; No. 84-6153. PARKER v. FLORIDA. Sup. Ct. Fla.; No. 84-6255. BRILEY V. BASS, WARDEN. C. A. 4th Cir.; and No. 84-6275. WELCOME v. LOUISIANA. Sup. Ct. La. Certiorari denied. Reported below: No. 84-5870, 253 Ga. 346, 320 S. E. 2d 147; No. 84-6139, 741 F. 2d 1248; No. 84-6153, 458 So. 2d 750; No. 84-6255, 750 F. 2d 1238; No. 84-6275, 458 So. 2d 1235. JUSTICE BRENNAN and JUSTICE MARSHALL, dissenting. Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases. No. 84-5943. THOMAS V. MARYLAND. Ct. App. Md. Certiorari denied. Reported below: 301 Md. 294, 483 A. 2d 6. JUSTICE MARSHALL, with whom JUSTICE BRENNAN joins, dissenting. Adhering to my view that the death penalty is under all circumstances cruel and unusual punishment forbidden by the Eighth and Fourteenth Amendments, I would vacate the judgment of the Maryland Court of Appeals insofar as it left undisturbed the death sentence imposed in this case. Gregg v. Georgia, 428 U. S. 153, 231 (1976) (MARSHALL, J., dissenting). However, even if I believed that the death penalty could constitutionally be imposed under certain circumstances, I would grant certiorari and vacate the death sentence imposed here. case. To my mind, the Constitution requires that the State bear the burden of proving that a death sentence is appropriate in a given In two ways, the Maryland statute precludes this allocation of the burden of proof. First, it places on the defendant the burden of convincing the sentencer that mitigating evidence outweighs aggravating evidence, and it requires that a death sentence be imposed whenever aggravating factors are not outweighed. Md. Ann. Code, Art. 27, § 413(h) (1982). The statute thereby places on the defendant the burden of proving that which is, under the existing statute, the ultimate question. Second, by requiring that death be the sentence whenever aggravating factors are not outweighed, the statute prevents the sentencer from making what to my mind must be the ultimate inquiry: whether death is the appropriate sentence in a given defendant's case. For the reasons I stated earlier this Term in Stebbing v. Maryland, 469 U. S. 900 (1984) (dissenting from denial of certiorari), I believe that such a statute is unconstitutional, and I therefore dissent from the Court's refusal to hear this case. No. 84-6174. MITCHELL v. ILLINOIS. Sup. Ct. Ill. Certiorari denied. JUSTICE BRENNAN and JUSTICE MARSHALL would grant certiorari. Certiorari denied. Reported below: 105 Ill. 2d 1, 473 N. E. 2d 1270. Rehearing Denied No. 84-695. KING v. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA ET AL. (INTEGRITY HOME LOAN Co., INC., ET AL., REAL PARTIES IN INTEREST), 469 U. S. 1100; No. 84-5783. BILLIOT V. MISSISSIPPI, 469 U. S. 1230; and No. 84-5901. CHANEY V. NATIONAL RAILROAD PASSENGER CORPORATION, 469 U. S. 1221. Petitions for rehearing denied. INDEX ABATEMENT OF ACTIONS. See Indians, 2. ABORIGINAL TITLE TO INDIAN LANDS. See Indians, 1. ADMINISTRATIVE PROCEDURE ACT. Food and Drug Administration decision-Use of drugs for executions- ADMINISTRATIVE PROCEDURES FOR DISCHARGE OF PUBLIC ADMISSION TO STATE BAR. See Constitutional Law, V. ADMISSION TO SURGEONS' ORGANIZATION. See Judgments. AID TO FAMILIES WITH DEPENDENT CHILDREN. See Social AIRLINE'S LIABILITY FOR PASSENGERS' INJURIES. See War- ALABAMA. See Constitutional Law, II; Convention on the Territorial ANTITRUST ACTS. See Judgments. ARBITRATION. See Federal Arbitration Act. ARGUMENT TO JURY. See Criminal Law, 2. ASSISTANCE OF COUNSEL. See Constitutional Law, VI. ASSISTANCE OF PSYCHIATRIST FOR CRIMINAL DEFENDANT. ASSOCIATIONAL RIGHTS. See Constitutional Law, III, 1; Judg- BAR ADMISSIONS. See Constitutional Law, V. |