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United States Court Cases

Nevada Supreme/Appellate Court Record

GOVERNOR GUINN VS. NEVADA STATE LEGISLATURE

Case Information: 41679
Short Caption:GOVERNOR GUINN VS. NEVADA STATE LEGISLATURECourt:Supreme Court
Lower Court Case(s):NONEClassification:Original Proceeding - Civil - Mandamus
Disqualifications:Case Status:Notice in Lieu of Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
07/01/2003Filing Fee Filing Fee Waived.
07/01/2003Petition/WritFiled Petition for Writ of Mandamus. 03-11008
07/01/2003Order/ProceduralFiled Order/Answer Writ Petition. The Legislative Counsel Bureau, on the Legislature's behalf, shall have until 5:00 p.m., Monday, July 7, 2003, to file an answer, including authorities, against issuance of the requested writ. The Attorney General, on the Governor's behalf, may supplement the writ petition by this same July 7 deadline. The parties shall address the dynamic tension created by the aforementioned constitutional provisions and their impact on the Legislature's ability to fulfill its constitutional duties to approve a balanced budget by providing for necessary taxes and to appropriate public school system funds. The parties shall also identify and address all available means for resolving the impasse, so that the Legislature may fulfill its constitutional obligations, and the consequences this state faces if those obligations are not fulfilled. 03-11063
07/02/2003MotionFiled Motion. Clark County and Washoe County School Districts' NRAP 29 Motion for Leave to File Brief of an Amicus Curiae. 03-11127
07/02/2003Order/ProceduralFiled Order Granting Motion. filed July 2, 2003. We grant the motion filed by Washoe County and Clark County School Districts to file an amicus curiae brief. The clerk of this court shall file the amicus brief provisionally submitted with the motion. 03-11132
07/02/2003BriefFiled Amicus Brief. Brief of Amicus Curiae Clark County and Washoe County School Districts. 03-11128
07/02/2003MotionFiled Motion. Motion for Intervention. 03-11138
07/02/2003Other Other. Received Petition for Writ of Mandamus (University and Community College System of Nevada). PETITION STRICKEN PER ORDER FILED JULY 3, 2003. 03-11141
07/02/2003Order/ProceduralFiled Order. The Board of Regents of the University and Community College System of Nevada ("UCCSN") has filed a motion for leave to intervene in this writ proceeding. UCCSN's motion is accompanied by a proposed petition for a writ of mandamus. We direct the clerk of this court, in the public's interest, to file UCCSN's petition for a writ of mandamus pending the court's ruling on the motion to intervene. 03-11143
07/02/2003Petition/WritFiled Petition for Writ of Mandamus. PETITION STRICKEN PER ORDER FILED JULY 3, 2003. 03-11141
07/03/2003MotionFiled Motion. 03-11168
07/03/2003Order/ProceduralFiled Order Granting Motion. Cause appearing, we grant the motion filed by Nevada State AFL-CIO and Nevada State Employees Association, AFSCME, Local 4041 to file an amicus curiae brief. The clerk of this court shall file the amicus brief provisionally submitted with the motion. NRAP 29. 03-11179
07/03/2003BriefFiled Amicus Brief. Brief of Amici Curiae Nevada State AFL-CIO and Nevada State Employees Association, AFSCME Local 4041. 03-11169
07/03/2003Order/ProceduralFiled Order Denying Motion. The Board of Regents of the University of Community College System of Nevada has filed an emergency application for leave to intervene in the writ proceeding and join as a petitioner. Having reviewed the motion, we conclude that intervention is not warranted at this time, and we deny the motion. Nevertheless, the Board may wish to present its arguments in an amicus brief. Fn3 [We direct the clerk of the court to strike the Board's petition for writ of mandamus provisionally filed on July 2, 3003.] 03-11211
07/03/2003Petition/WritFiled Answer to Petition for Writ. Answer to Petition for Writ of Mandamus - Terry J. Care and Mark E. Amodei. 03-11226
07/07/2003MotionFiled Motion. Motion for Leave to Intervene or, in the Alternative, to file Brief of Amici Curiae. 03-11227
07/07/2003Order/ProceduralFiled Order/Motion Granted in Part. The Nevada State Education Association, the Clark County Education Association, the Education Support Employees Association of Clark County and the Washoe Education Association ("the Education Associations") has filed a motion for leave to intervene in this writ proceeding as party petitioners or, alternatively, to file a brief as amici curiae. Having reviewed the motion, we conclude that intervention is not warranted at this time. Accordingly, we deny the Education Associations' motion for leave to intervene. Nevertheless, cause appearing, we grant the Education Associations' alternative request for leave to file a brief as amici curiae. The clerk of this court shall file the Education Associations' Brief submitted with this motion. 03-11229
07/07/2003BriefFiled Amicus Brief. Brief of the Nevada State Education Association, Clark County Education Association, Education Support Employees Association of Clark County and Washoe Education Association. 03-11228
07/07/2003Other Other. Filed copy of Senate Resolution No. 4 - Senators Raggio and Titus. 03-11231
07/07/2003Other Other. Filed copy of Assembly Resolution No. 4 - Assemblyman Perkins. 03-11232
07/07/2003MotionFiled Motion. Motion of Clark County Association of School Administrators, Washoe County Education Administrators Association and Nevada Association of School Administrators for Leave to File Amicus Curiae Brief. 03-11278
07/07/2003MotionFiled Motion. Motion for Leave to FIle Amicus Curiae Brief pursuant to NRAP 29. 03-11289
07/07/2003MotionFiled Motion. Motion for Leave of Amicus Curiae to Participate in Oral Argument pursuant to NRAP 29. 03-11290
07/07/2003Order/ProceduralFiled Order Granting Motion. Cause appearing, we grant the motion filed by Clark County Association of School Administrators, Washoe County Education Administrators Association and Nevada Association of School Administrators to file an amici curiae brief. The clerk of this court shall file the amici curiae brief provisionally submitted with the motion. 03-11291
07/07/2003BriefFiled Amicus Brief. Brief of Amici Curiae Clark County Association fo School Administrators, Washoe County Education Administrators Association and Nevada Association of School Administrators. 03-11293
07/07/2003MotionFiled Motion. Motion for Leave to File Brief of Amici Curiae Nevada Concerned Citizens. 03-11296
07/07/2003Order/ProceduralFiled Order/Motion Granted in Part. A group of amici curiae parties comprised of businesses, trade associations, and individuals engaged in commerce in the State of Nevada have moved for leave to file an amici curiae brief and to participate at oral argument. Cause appearing, we grant the motion for leave to file an amici curiae brief. The clerk of this court shall file the amici curiae brief provisionally submitted with the motion. NRAP 29. We deny the motion to participate at oral argument. 03-11302
07/07/2003BriefFiled Amicus Brief. Brief of Amicus Curiae Nevada Taxpayers Association, Associated Builders and Contractors-Sierra Nevada Chapter, AGC Nevada, Nevada Association of Mechanical Contractors, Sierra Chemical Company, Polymer Plastics Corporation, Barth Electronics, EDAWN/ Western Nevada Development Authority, Nevada Consumer Finance Corporation, Nevada Petroleum Marketers and Convenience Store Association, Cal-Neva Franchise Owners Association, 7-Eleven Franchise Owners Association of Southern Nevada, Nevada Resident Agents Association, Monte L. Miller and Joshua C. Miller, Nevada Bankers Association, Nevada Manufacturers Association, Nevada Motor Transport Association, Retail Association of Nevada, Tiberti Fence Company, Carson City Chamber of Commerce, Las Vegas Chamber of Commerce, Nevada Franchised Auto Dealers Association, Nevadans for Real Tax Fairness, Household International, Nevada Corporate Headquarters – Cort Christie, Robert List, Henderson Chamber of Commerce, Thomas Powell, Pic-Mount Imaging, Corp., Phoenix Holdings of Nevada, Inc., Nevada Association of Independent Businesses, Chain Drug Council of Nevada, Grocery Industry Council of Nevada, and Nevada Resident Agents Association. 03-11303
07/07/2003Order/ProceduralFiled Order Granting Motion. Cause appearing, we grant the motion filed by Nevada Concerned Citizens to file an amicus curiae brief. The clerk of this court shall file the amicus curiae brief provisionally submitted with the motion. NRAP 29. 03-11307
07/07/2003BriefFiled Amicus Brief. Brief of Amici Curiae Nevada Concerned Citizens. 03-11309
07/07/2003MotionFiled Motion. Motion of Pacific Legal Foundation to File Brief Amicus Curiae and Interest of Amicus. (Filed via fax.) 03-11312
07/07/2003Order/ProceduralFiled Order Granting Motion. Cause appearing, we grant the motion filed by Pacific Legal Foundation to file an amicus curiae brief. The clerk of this court shall file the amicus brief provisionally submitted with the motion. NRAP 29. 03-11320
07/07/2003BriefFiled Amicus Brief. Brief Amicus Curiae of Pacific Legal Foundation in Support of Respondents. (Filed via fax.) 03-11321
07/07/2003MotionFiled Motion. (Nevada Faculty Alliance) 03-11332
07/07/2003Order/ProceduralFiled Order Granting Motion. Cause appearing, we grant the motion filed by Nevada Faculty Alliance to file an Amicus curiae brief. The clerk of this court shall file the amicus brief provisionally submitted with the motion. 03-11335
07/07/2003BriefFiled Amicus Brief. Brief of Amicus Curie the Nevada Faculty Alliance. 03-11337
07/07/2003Order/ProceduralFiled Order. Pursuant to a telephonic request received on July 7, 2003, the deadline for the filing of the Legislative Counsel Bureau's answer is hereby extended to 7:00 p.m., Monday, July 7, 2003. 03-11342
07/07/2003Petition/WritFiled Supplement to Petition for Writ. Petitioner's Supplemental Brief in Support of Petition for Writ of Mandamus. 03-11345
07/07/2003BriefFiled Amicus Brief. Amicus Brief on Behalf of the Board of Regents of the University and Community College System of Nevada. 03-11347
07/07/2003Petition/WritFiled Answer to Petition for Writ. Supplemental Brief in Opposition to the Governor's Petition and Counter-Petition for a Writ of Mandamus and Other Extraordinary Relief. (Filed via fax) 03-11353
07/07/2003Petition/WritFiled Answer to Petition for Writ. Answer and Opposition to Petition for Writ of Mandamus. 03-11354
07/07/2003Petition/WritFiled Answer to Petition for Writ. Supplemental Answer and Opposition of Respondent Nevada Senate to Petition for Writ of Mandamus. 03-11355
07/07/2003Petition/WritFiled Answer to Petition for Writ. Supplemental Answer and Opposition of Respondent Barbara E. Buckley, Nevada Assembly Majority Floor Leader, to Petition for Writ of Mandamus. 03-11356
07/08/2003MotionFiled Motion. Nevada PTA's Motion for Leave to File Brief of an Amicus Curiae. 03-11361
07/08/2003BriefFiled Amicus Brief. Brief Amicus Curiae of Pacific Legal Foundation in Support of Respondents. (Original--filed via fax on 7/7/03.) 03-11321
07/08/2003Order/ProceduralFiled Order Granting Motion. Cause appearing, we grant the motion filed by Nevada Congress of Parents and Teachers Association (Nevada PTA) to file an amicus curiae brief. The clerk of this court shall file the amicus brief provisionally submitted with the motion. NRAP 29. 03-11362
07/08/2003BriefFiled Amicus Brief. Amicus Curiae Brief from Nevada PTA. 03-11363
07/08/2003Order/ProceduralFiled Order/Answer Writ Petition. Cause appearing, counter-respondents Kenny C. Guinn, Governor of the State of Nevada, and those members of the Legislature not joining in the cross-petition, shall have until 5:00 p.m., Wednesday, July 9, 2003, to file and serve any answer(s), including authorities, to the counter-petition filed in this matter. There shall be no further briefing in this matter. 03-11367
07/09/2003Petition/WritFiled Answer to Petition for Writ. Supplemental Brief in Opposition to the Governor's Petition and Counter-Petition for a Writ of Mandamus and Other Extraordinary Relief. ORIGINAL. (filed via fax on 7/7/03) 03-11353
07/09/2003Notice/IncomingFiled Proof of Service. --Certificate of Facsimile and Mailing. 03-11478
07/09/2003Letter/IncomingFiled Letter. from Nevada Appeal reporter Geoff Dornan requesting the justices to permit cameras in the courtroom in the event oral argument is held in this matter. 03-11558
07/09/2003Order/ProceduralFiled Order. A request having been made seeking access to the Supreme Court of Nevada for the purpose of photographic or electronic coverage of the special session to be held July 10, 2003, at 2:00 p.m., in the above-entitled matter; IT IS HEREBY ORDERED that permission is granted for photographic or electronic media coverage of the aforesaid matter, for news purposes and not for commercial exploitation; IT IS FURTHER ORDERED that all persons participating in such photographic or electronic coverage shall observe the standards set forth in the Supreme Court Rules in all respects, and George Knapp of KLAS-TV is designated as pool coordinator for purposes of organizing and coordinating the orderly coverage of such proceedings by all participants. All equipment necessary to allow for such photographic or electronic coverage of such proceedings shall be placed in the courtroom by 1:00 p.m. 03-11565
07/09/2003Petition/WritFiled Answer to Petition for Writ. Answer and Opposition to Cross-Petition for Writ of Mandamus and Other Extraordinary Relief. 03-11566
07/09/2003Petition/WritFiled Answer to Petition for Writ. Counter-Respondenat Governor Guinn's Answer to Counter-Petition for Writ of Mandamus and Other Extraordinary Relief. 03-11567
07/10/2003Opinion/DispositionalFiled Authored Opinion. Petition granted in part as to the Legislature of the State of Nevada; Petition denied as to the Lieutenant Governor and the individual members of the Legislature; counter-petition denied. Maupin, J., dissenting in part and concurring in part. Before the Court EN BANC. Author: Agosti, Deborah A.. Majority: Shearing/Rose/Leavitt/Becker/Gibbons. Concur/Dissent: Maupin. 119 Nev. Adv. Opn. No. 34. EN BANC. 03-11607
07/10/2003WritIssued Writ. Original writs personally issued to Attorney General Brian Sandoval; Brenda Erdoes, Legislative Counsel; Daniel F. Polsenberg; Mark E. Amodei; and Barbara E. Buckley. 03-11610
07/10/2003WritFiled Writ. Personally served on all counsel on July 10, 2003. 03-11610
07/14/2003Notice/IncomingFiled Proof of Service. Supplemental Certificate of Mailing of Amici Curiae Brief of Clark County Association of School Administrators, Washoe County Education Administrators Association and Nevada Association of School Administrators. 03-11806
07/21/2003MotionFiled Motion for Stay. Emergency Motion for Stay Pending Decision on Petition for Rehearing. (Filed via fax.) 03-12257
07/21/2003MotionFiled Motion for Excess Pages. Motion to Exceed Page Limitation for the Petition for Rehearing. (Filed via Fax.) 03-12258
07/21/2003Order/Clerk'sFiled Clerk's Order Granting Motion. filed July 21, 2003. The clerk of this court shall file the (20-page) petition for rehearing provisionally submitted with the motion. 03-12259
07/21/2003Post-Judgment PetitionFiled Petition for Rehearing. (Filed via fax.) 03-12260
07/21/2003MotionFiled Motion. Motion to Intervene. (Filed via fax.) 03-12288
07/21/2003Order/ProceduralFiled Order. Directing Answer to Petition for Rehearing. Petitioner/counter-respondents shall have until Friday, July 25, 2003, at 10:00 a.m., to file and serve an answer to the petition. See NRAP 40. We decline to rule on respondents/counter-petitioners' motion for a stay of this court's writ of mandamus until we have received and considered any opposition from petitioner/counter-respondents. 03-12301
07/21/2003Order/ProceduralFiled Order Denying Motion. to Intervene. Various individuals, who are Nevada citizens, taxpayers, and voters, have moved to intervene in these proceedings. As we conclude that their intervention is not warranted, we deny the motion. 03-12304
07/21/2003MotionFiled Motion. Motion of Pacific Legal Foundation to File Brief Amicus Curiae in Support of Motion for Rehearing and Interest of Amicus. (Filed via fax.) 03-12310
07/21/2003Order/ProceduralFiled Order Granting Motion. filed by Pacific Legal Foundation to file amicus curiae braief in support of the petition for rehearing. The clerk of this court shall file the amicus brief provisionally submitted with the motion. 03-12313
07/21/2003BriefFiled Amicus Brief. Brief of Amicus Curiae of Pacific Legal Foundation in Support of Petition for Rehearing. (filed via fax) 03-12314
07/22/2003MotionFiled Motion for Stay. Emergency Motion for Stay Pending Decision on Petition for Rehearing. (ORIGINAL--filed via fax on 7/21/03.) 03-12257
07/22/2003MotionFiled Motion for Excess Pages. Motion to Exceed Page Limitation for the Petition for Rehearing. (ORIGINAL-filed via fax on 7/21/03.) 03-12258
07/22/2003Post-Judgment PetitionFiled Petition for Rehearing. (ORIGINAL--filed via fax on 7/21/03.) 03-12260
07/22/2003MotionFiled Motion. Motion to Intervene. (ORIGINAL--filed via fax on 7/21/03.) 03-12288
07/22/2003MotionFiled Motion. Motion of Pacific Legal Foundation to File Brief Amicus Curiae in Support of Motion for Rehearing and Interest of Amicus. (ORIGINAL--filed via fax on 7/21/03.) 03-12310
07/22/2003BriefFiled Amicus Brief. Brief of Amicus Curiae of Pacific Legal Foundation in Support of Petition for Rehearing. (ORIGINAL--filed via fax on 7/21/03.) 03-12314
07/22/2003Notice/IncomingFiled Proof of Service. --Certificate of Facsimile and Mailing. 03-12354
07/22/2003Notice/IncomingFiled Proof of Service. (for motion and amicus brief). 03-12355
07/22/2003MotionFiled Motion for Excess Pages. Motion to Exceed Page Limitation for Counter-Respondent's Answer to Petition for Rehearing. 03-12395
07/22/2003Order/ProceduralFiled Order Granting Motion. filed July 22, 2003. We grant the motion of counter-respondent Legislature of the State of Nevada to exceed the page limit. The Legislature may file an answer to the petition for rehearing not to exceed 30 pages. 03-12397
07/22/2003Petition/WritFiled Supplement to Petition for Writ. Supplement to Petition for Rehearing and Motion to Withdraw Opinion (filed via fax). 03-12419
07/23/2003MotionFiled Motion to Extend Time. Motion for an Extension of Time to file Counter-Rspondent's Answer to Petition for Rehearing and Response to Motion to Withdraw Court's Opinion. 03-12493
07/23/2003Order/ProceduralFiled Order Granting Motion. of counter-respondent Legislature of the State of Nevada to extend the time to file an answer and response. The Legislature shall have to and including Monday, July 28, 2003, at 5:00 p.m. to file its answer to the petition for rehearing and a response to the motion to withdraw the court's opinion. 03-12498
07/24/2003MotionFiled Motion. Motion for Leave to File Amicus Curiae Brief in Opposition to Respondents/Counter-Petitioners' Petition for Rehearing and Motion to Withdraw Opinion. 03-12523
07/24/2003BriefReceived Amicus Brief. Brief of Amicus Curiae Nevada State Education Association, Clark County Education Association, Education Support Employees Association of Clark County and Washoe Education Association in Opposition to Petition for Rehearing and Motion to Withdraw Opinion. 03-12524
07/24/2003Petition/WritFiled Supplement to Petition for Writ. Supplement to Petition for Rehearing and Motion to Withdraw Opinion (ORIGINAL--filed via fax on 7/22/03). 03-12419
07/24/2003Order/ProceduralFiled Order Granting Motion. The Nevada State Education Association, the Clark County Education Association, the Education Support Employees Association of Clark County and the Washoe Education Association have moved for leave to file a brief as amici curiae in opposition to the petition for rehearing and the supplement to petition for rehearing and motion to withdraw opinion. Cause appearing, we grant the motion. The clerk of this court shall file the Education Associations' brief submitted with the motion. 03-12548
07/24/2003BriefFiled Amicus Brief. Brief of Amicus Curiae Nevada State Education Association, Clark County Education Association, Education Support Employees Association of Clark County and Washoe Education Association in Opposition to Petition for Rehearing and Motion to Withdraw Opinion. 03-12524
07/24/2003Post-Judgment PetitionFiled Supplement to Petition for Rehearing. Additional Points and Authorities on why the Federal Issues are Moot. (filed via fax) 03-12568
07/25/2003Post-Judgment PetitionFiled Answer to Petition for Rehearing. (Filed by Attorney General) 03-12574
07/28/2003Post-Judgment PetitionFiled Answer to Petition for Rehearing. Respondent's Answer to Petition for Rehearing and Response to Motion to Withdraw Opinion. 03-12702
07/28/2003Post-Judgment PetitionFiled Answer to Petition for Rehearing. Respondent Assemblyman Morse F. Arberry's Joinder in Defendant Nevada Legislature's 7/28/03 Answer to Petition for Rehearing and his Limited Supplemental Individual Answer. (Filed via fax.) 03-12705
07/29/2003Post-Judgment PetitionFiled Supplement to Petition for Rehearing. Additional Points and Authorities on why the Federal Issues are Moot. (ORIGINAL--filed via fax on 7/24/03.) 03-12568
07/30/2003MotionFiled Motion for Permission to File Document. Moton for Leave to File Reply. (Filed via fax.) 03-12883
07/30/2003Order/ProceduralFiled Order Granting Motion. On July 30, 2003, respondents/counter-petitioners, Lynn Hettrick, et al., moved for leave to file a reply brief in support of their petition for rehearing and motion to withdraw opinion. See NRAP 40(d) (no reply to an answer shall be filed unless requested by the court). Cause appearing, we grant the motion. The clerk of this court shall file the reply brief submitted with the motion. However, we direct the clerk of this court to return, unfiled, any additional documents received from the parties unless permission has first been obtained from this court to file the document. 03-12885
07/30/2003MotionFiled Reply to Response. Reply Brief in Support of Petition for Rehearing and Alternative Motion to Withdraw. (filed via fax) 03-12884
08/01/2003Post-Judgment PetitionFiled Answer to Petition for Rehearing. Respondent Assemblyman Morse F. Arberry's Joinder in Defendant Nevada Legislature's 7/28/03 Answer to Petition for Rehearing and His Limited Supplemental Individual Answer (ORIGINAL - filed via fax on 7/28/03). 03-13000
08/04/2003MotionFiled Motion for Permission to File Document. Motion for Leave to File Reply. (ORIGINAL--filed via fax on 7/30/03) 03-12883
08/04/2003MotionFiled Reply to Response. Reply Brief in Support of Petition for Rehearing and Alternative Motion to Withdraw. (ORIGINAL--filed via fax on 6/30/03.) 03-12884
08/05/2003MotionFiled Motion. Motion to Associate Counsel. 03-13101
08/05/2003Order/ProceduralFiled Order Granting Motion. Counsel for respondents/counter-petitioners, Lynn Hettrick, et al. ("respondents"), has filed a motion to associate John Charles Eastman, Esq., of the Claremont Institute Center for Constitutional Jurisprudence as co-counsel for respondents pursuant to SCR 42. Attached to the motion are copies of the verified application of Mr. Eastman, a Supreme Court Rule 42 statement from the State Bar of Nevada, and a certificate of good standing from the State Bar of California. The statement of the State Bar of Nevada indicates that neither Mr. Eastman nor other attorney members of the Claremont Institute Center for Constitutional Jurisprudence have previously applied to appear in Nevada Courts. See SCR 42(6) (repeated appearances by any person or firm pursuant to this rule shall be cause for denial of an application). 03-13120
09/17/2003Opinion/Non-DispositionalFiled Per Curiam Opinion. "Petition for rehearing dismissed; opinion clarified." fn46[We deny counter-petitioners' motion to vacate as well as their emergency stay motion.] Before the Court EN BANC. Author: Per Curiam. Agosti, C.J., Rose, Leavitt, Becker, and Gibbons, JJ. Shearing, J., concurring. Maupin, J., dissenting. 119 Nev. Adv. Opn. 52. EN BANC. 03-15501
09/17/2003Other Other. Special session held in Courtroom at 2:00 p.m.
10/14/2003RemittiturIssued Notice in Lieu of Remittitur. 03-15573
10/14/2003Case Status Update Remittitur Issued/Case Closed.
12/15/2003Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. Application for extension of time to file a petition for writ of certiorari has been granted to January 17, 2004. 03-20771
01/26/2004Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed January 20, 2004, and placed on the docket as Case No. 03-1037. 04-01498
03/29/2004Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. 04-05773