SCOTUS - Attorney's Working Files

    May 26, 1987 

Hon. Joseph F. Spaniol, Jr. 
Clerk 
Supreme Court of the United States 
One First Street, N.E. 
Washington, D.C. 20543 

Warren McCleskey v. Ralph M. Kemp, 
No. 84-6811 
  

Dear Mr. Spaniol: 

Enclosed for filing are an original and nine copies of a 
corrected petition for rehearing in the above-captioned case. In 
approximately a dozen places in the original petition filed last 
Monday, May 18th, the name "Taylor" was erroneously used to 
designate the defense counsel for petitioner McCleskey; the 
actual name of the defense counsel is John "Turner". The 
enclosed copies make this correction at the appropriate places. 

I regret any inconvenience occasioned by these typographical 
errors. : 

Sincerely, 

  

ohn Charles Boger 

JCB/sbr 

cc: Mary Beth Westmoreland, Esq. 

  

NINETY NINE HUDSON STREET ° (212) 219-1900 ° NEW YORK, N.Y. 10013 

 



  
    

No. 84-6811 

IN THE 

SUPREME COURT OF THE UNITED STATES 

October Term, 1985 

  

WARREN McCLESKEY, 
Petitioner, 

- a. 

RALPH M. KEMP, Superintendent, 
Georgia Diagnostic & Classification 

Center. 

  

On Writ of Certiorari to the United States 

Court of Appeals for the Eleventh Circuit 

  

CERTIFICATE OF SERVICE 
  

I hereby certify that I am counsel of record for 

petitioner 

final draft 

Warren McCleskey, and that I served copies of the 

of the Petitioner's Reply Brief in this action on 

counsel for respondent and amici curiae, as follows: 
  

Mary Beth Westmoreland, Esq. 
132 Judicial Building 
40 Capitol Square, S.W. 
Atlanta, Georgia 30334 

Martin F. Richman, Esq. 
Barrett Smith Schapiro Simon 

& Armstrong 

26 Broadwy 
New York, New York 10004 

William L. Robinson, Esq. 
Lawyers' Committee for Civil Rights 

Under Law 
1400 Eye Street, N.W. 

Washington, D.C. 20005 

  

 



  

Ralph M. Steinhardt, Esq. 
Patton Boggs & Blow 
2550 M Street, N.W. 

Washington, D.C. 20037 

Harry B. Sondheim, Esq. 

Los Angeles County District Attorney 

840 South Broadway, 11th Floor 
Los Angeles, California 90014 

George C. Smith, Esq. 
Washington Legal Foundation 
1705 N., Sireet, N.W. 

Washington, D.C. 20036 

All parties required to be served have been served. Done 

this 3rd day of October, 1986. 

    

Chat 
  

0 JOHN CHARLES BOGER 

  

 



  

October 3, 1986 

Hon. Alfred Wong, Marshal 
Supreme Court of the United States 
One First Street, N.E. 

Washington, D.C. 20543 

Warren McCleskey v. Ralph M. Kemp, 

No. 84-6811 
  

Dear Mr. Wong: 

I am the attorney of record for petitioner Warren McCleskey 

in the above-captioned case, which will be argued in the Court on 

Wednesday, October 15, 1986, at 10:00 A.M. Please reserve seats 

for the following six persons: 

{1i) Ms. Gretchen Boger 

(ii) Ms. Jennifer Boger 
(iii) Mr. Joshua Boger 

(vi) Kenneth Boger, Esq. 

(v) Ms. Mary Boger 
(vi) Mr. Peter Boger 

Thank you very much. 

  

   
n Charles Bog 

JCB/st 

  

NINETY NINE HUDSON STREET, 16th FLOOR ® (212) 219-1900 ° NEW YORK, N.Y. 10013 

 



  

VIA FEDERAL EXPRESS 
  

October 3, 1986 

Hon. Joseph F. Spaniol Jr., Clerk 
Supreme Court of the United States 
1 First Street, N.E. 
Washington, D.C. 20543 

Attn: Ms. Sandy Nelson 
  

Warren McCleskey v. Ralph M. Kemp, 

No. 84-6811 
  

Dear Mr. Spaniol: 

Enclosed for printing are a camera-ready original and 

two copies 
case. Ms. 

October 1, 

6, 1986, 

Wednesday, 
of service 

of Petitioner's Reply Brief in the above-captioned 
Nelson indicated to me in a telephone conversation on 

1986, that if the enclosed arrived by Monday, October 
it could be printed and distributed to the Court by 
October 8, 1986. I am also enclosing a Certificate 

on all parties. 

Thank you very much for your assistance. 

incerely, 

hn Charles BbDger 

cc: Mary Beth Westmoreland, Esq. 
Martin F. Richman, Esq. 
William L. Robinson, Esq. 
Ralph 
Harry 

M. Steinhardt, Esq. 
B. Sondheim, Esq. 

George C. Smith, Esq. 

JCB/st 

  

NINETY NINE HUDSON STREET, 16th FLOOR ° (212) 219-1900 ° NEW YORK, N.Y. 10013 

 



  

SUPREME COURT OF THE UNITED STATES 

OFFICE OF THE CLERK 

WASHINGTON, D. C. 20543 

JOSEPH F. SPANIOL, JR., AREA S00e 1 

CLERK OF THE COURT October 6 9 1986 

John Charles Boger, Esquire 
99 Hudson Street 
New York, NY 10013 

Re: Warren McCleskey v. Ralph Kemp, Superintendent, 
Georgia Diagnostic and Classification Center, 
No. 84-6811 
  

Dear Mr. Boger: 

The Court today entered the following order in the 
above-entitled case: 

"The motion of Congressional Black Caucus, et al. for 
leave to file a brief as amici curiae is granted. The motion of 
International Human Rights Law Group for leave to file a brief as 
amicus curiae is granted. The motion of Franklin M. Fisher, et 
al. for leave to file a brief as amici curiae is granted. 
Justice Scalia took no part in the consideration or decision of 
these motions." 

  

  

  

Very truly yours, 

JOSEPH F. SPANIOL, JR., Clerk 
A 5 

£1 f / 
By of / 

Y A — / 3 A 

WV eA emmy 9) Nol /) J 

Francis J. Lorson 
Chief Deputy Clerk 

vir 

cc: Mary Beth Westmoreland, Esq. 
Ralph G. Steinhardt, Esq. 
Seth P. Waxman, Esq. 
Martin F. Richman, Esq. 
William L. Robinson, Esq. 
George C. Smith, Esq. 
Harry B. Sondheim, Esq. 

 



  

  

NO. 84-6811 

  

IN THE SUPREME COURT OF THE UNITED STATES 

OCTOBER TERM, 1985 

WARREN MCCLESKEY, 

Petitioner, 

#8 

RALPH KEMP, Superintendent, 

Respondent. 

  

ON PETITION POR A WRIT OF CERTIORARI 

TO THE UNITED STATES COURT OF APPEALS 

FOR TEE ELEVENTH CIRCUIT 

  

CERTIFICATE OF MAILING 
  

I, Mary Beth Westmoreland, a member of the Bar of the 

Supreme Court of the United States, and counsel of record for 

the Respondent in the above-styled action, hereby submit the 

instant certificate of malling pursuant £0 Rule 28.2 of the 

rules of the Court. I do hereby certify and swear that to my 

knowledge 40 copies of the brief for the Respondent were placed 

in the United States mail, first class, postage prepaid, in 

Omaha, Nebraska, by Cockle Printing Company on September 22, 

1986, within ‘the time for filing said brief. 

    ETH WESTMORELAND ~“ 

Assiftant Attorney General 

Sworn to and subscribed 
before me this J %¢ day 

| oF Tr 1986. 

Tr Ni Lr He 
\O B 8 PUBLIC ./ 

) ) 

  

My’ Commission Expires: 

 Robsry public, Georgia State af Largs 

My Commission Expires Nov. 15, 1983 
  

 



  

SUPREME COURT OF THE UNITED STATES 

WARREN MCCLESKEY VS. RALPH M. KEMP, Superintendent, 
aa Georgia Diagnostic And 

Petitioner Classification Center 

Respondent. 

The Clerk will enter my appearance as Counsel of Record for 
the State of California and County of Los Angeles, 

who IN THIS COURT is: Amicus Curiae 

I certify that I am a member of the Bar of the Supreme Court 
of the United States: 

Signature Mer BA4. ilo... 
  

  

Name HARRY B. SONDHEIM 

Firm Los Angeles County District Attorney 

Address 849 South Broadway, 11th Floor 

City Los Angeles, CA 90014-3296 

Phone (213) 974-5911 

 



  

No. 84-6811 

IN THE 

SUPREME COURT OF THE UNITED STATES 

October Term, 1985 

  

WARREN McCLESKEY, 

Petitioner, 

-V oe — 

RALPH M. KEMP, Superintendent, 

Georgia Diagnostic & Classification 
Center, 

Respondent. 

  

  

It is hereby certified that all parties required to be 
served have been served three (3) copies of the Brief Amicus 
Curiae of the Washington Legal Foundation and Allied 
Educational Foundation by First Class U.S. Mail, postage 
prepaid, on September 19, 1986, addressed to: 

Mary Beth Westmoreland, Esq. 
Assistant Attorney General 
132 State Judicial Building 
40 Capital Square, S.W. 
Atlanta, GA 30334 

John Charles Boger, Esq. 
99 Hudson Street 

New York, NY 10013 

George C. Sine 
ER Legal li 
1705 N Street, N.W. 

Washington, D.C. 20036 

(202) 857-0240 

  

Attorney for Amici Curiae 
  

 



  

  

  

      

TEMPLE 
Broad & Oxford Streets 

UNIVERSITY 
Philadelphia, Pennsylvania 19122 

PRESS 
Telephone 215 787-8787 

3 October 1986 

Mr. Joseph F. Spaniol, Clerk 
Supreme Court of the United States 
Washington, DC 20503 

Dear Mr. Spaniol: 

At the suggestion of the co-author Barry Nakell, I am pleased to 
enclose a copy of the uncorrected page proofs of his forthcoming 
book, THE ARBITRARINESS OF THE DEATH PENALTY. 

The page proofs will be of interest to the court in connection 
with McClesky wv. Kemp, No. 84-6811, scheduled for oral argument 
on October 15. 
  

Sincerely, 

John C. O'Connor 
Marketing Director 

cc: Honorable William H. Rehnquist 
Honorable William J. Brennan, Jr. 
Honorable Byron R. White 
Honorable Thurgood Marshall 
Honorable Harry A. Blackmun 
Honorable Lewis F. Powell, Jr. 
Honorable John Paul Stevens 
Honorable Sandra Day O'Connor 
Honorable Antonin Scalia 

Temple University—of the Commonwealth System of Higher Education 

 



TEMPLE 

UNIVERSITY 

PRESS 
Mr. John Charles Boger 
NAACP IDF, Inc. 

99 Hudson Street 
New York, NY 10012 

zh 5 oad 
e OCT -5°'86 >» 40 

  
bah abedubedtededeteted a 1 1X § ¥ OF 

 



  

WASHINGTON LEGAL FouNDATION 
705 N STREET, N. W. 

WASHINGTON, D. C.20036 

202-857-0240 

August 29, 1986 

John Charles Boger, Esq. 

99 Hudson Street 

New York, NY 10013 

Re: McCleskey v. Kemp, No. 84-6811 
(U.S. Supreme Court) 
  

Dear Mr. Boger: 

In keeping with Supreme Court Rule 36, this is a request 
for your consent to the filing of a brief amicus curiae in the 
referenced case on behalf of the Washington Legal Foundation 
("WLF") and the Allied Educational Foundation ("AEF"). 

WLF is a non-profit, public interest law center with 
nationwide membership and based in Washington, D.C. WLF en- 
gages in litigation and administrative proceedings on a vari- 
ety of issues of concern to its membership. Strong and effec- 
tive law enforcement is one of such issues. In that connection, 
WLF has consistently advocated that capital punishment is a con- 
situtional and legitimate law enforcement mechanism for the 
states to utilize if they so choose. We have advanced this view 
in numerous amicus briefs in the Supreme Court and the courts of 
appeals. In McCleskey v. Kemp, we propose to argue, in essence, 
that the statistical disparities claimed to be shown by the Bal- 
dus study are inherently inadequate to establish unconstitution- 
ality, and that there must be a showing of intentional discrim- 
ination to invalidate a death sentence on racial disparity 
grounds. 

  

AEF, established in 1964, is a non-profit charitable and 
educational foundation based in Englewood, New Jersey, and de- 

voted to the pursuit of knowledge and the public interest. AEF 

supported the publication of WLF's recent monograph, "Capital 
Punishment 1986: Last Lines of Defense" and is devoted to the 
preservation of justice and fairness in the American legal sys- 
tem. With WLF, AEF believes that the decisions of the district 
court and the Eleventh Circuit in this case were just and well- 
reasoned, and therefore wishes to urge the Supreme Court to up- 
hold those decisions. 

If you do agree to consent to the filing of our brief, 

could you please send me a brief note to that effect so that 
we may avoid the necessity of moving for leave of Court to file, 
in accordance with Rule 36. Thanks for your consideration. Py | J 

yo, _~ At 
4 } 

J 

er » 2 "0 WA Wit Vals ” /, 

George C. Smith vs ’ rd 

Director of Litigation 

Sincerely, 

 



United States Court of Appeals 
: Eleventh Circuit 

50 Spring Street, S.W. 

Atlanta, Georgia 30303-3147 
In Replying Give Number 

Of Case And Names Of Parties 

  

Miguel J. Cortez 
July 29, 1986 

Clerk 

Mr. Joseph F. Spaniol, Jr. 

Clerk 
Supreme Court of the United States 

washington, D.C. 20543 

84-8176 - MCCLESKEY v. KEMP 

(U.S. Supreme Ct. No. 84-6811) 

| oh - 
[4S ° ( 

  
Dear Mr. Spaniol: 

vnclosed herewith is the certified record in the above case 

to be used in connection with the petition for writ of 

has been filed in your Court. This is being 
Sandy Nelson, Assistant Clerk. 

certiorari which 

forwarded at tne request of Ms. 

Sincerely, 

MIGUEL J. CORTEZ, CLERK 

0 Deputy Clerk’   

Tncl. 

Mary Beth Westmoreland cc! ‘Ms. 
John Charles Boger Vii Mr . 

Mr. Robert H. Stroup 

 



  

UNITED STATES COURT OF APPEALS 

ELEVENTH CIRCUIT 

INDEX 

VOLUME DOCUMENT 

I Original Record on Appeal (Vol. 1) 1 

IT Original Record on Appeal (Vol. 2) 2 

I11 Original Record on Appeal (Vol. 3) 3 

IV Original Record on Appeal (Vol. 4) 4 

V Original Record on Appeal (Vol. 5) 5 

VI Original Record on Appeal (Vol. 6) 6 

VII Original Record on Appeal (Vol. 7) 7 

VIII Original Record on Appeal (Vol. 8) 8 

IX Original Record on Appeal (Vol. 9) 9 

X Original Record on Appeal (Vol. 10) 10 

XI Original Record on Appeal (Vol. 11) 11 

XII Original Record on Appeal (Vol. 12) 12 

X11 Original Record on Appeal (Vol. 13) 13 

XIV Original Record on Appeal (Vol. 14) 14 

XV Original Record on Appeal (Vol. 15) 15 

XVI Original Record on Appeal (vol. 16) 16 

XVII Supp. Record on Appeal (Vol. 1) 17 

XVIII 2nd Supp. Record on Appeal (Vol. 1) 18 

XIX Exhibits on Appeal (Box One of Two) 19 

XX Exhibits on Appeal (Box Two of Two) 20 

XXI Argument and Submission Page 21 

Opinion of the Court dated 1/29/85 29 

Judgment of the Court 23 

; 
Order Denying Rehearing dated 3/26/85 24 

Order Granting Stay of Mandate dated 4/2/85 25 

Clerk's Certificate 26