Correspondence from Lani Guinier to E.T. Rolison Re: United States v. Hogue

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April 17, 1990 

Joseph F. Spaniol, Clerk 
Supreme Court of the United States 
One First Street, N.E. 

Washington, D.C. 20543 

RE: McCleskey v. Zant, No. 89-7024 
  

Dear Mr. Spaniol: 

As counsel for Petitioner, I hereby consent, pursuant to Rule 37.2, Rules of the 

Supreme Court of the United States, to the filing of an amicus brief by the Alabama 

Capital Representation Resource Center, Volunters Lawyers’ Resource Center of Florida, 

and Georgia Appellate Practice and Educational Resource Center, in support of the 

Petitioner’s Petition for Writ of Certiorari to the United States Court of Appeals for the 

Eleventh Circuit. 

Sincerely, 

Soh he bo Di [0 

John Charles Boger 
Counsel for Petitioner McCleskey 

  

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

 



  

March 29, 1990 

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

Warren McCleskey v. Walter D. Zant, 
No. 89~- 
  

Dear Mr. Spaniol: 

On March 23, 1990, I transmitted for filing twelve 
copies of a petition for certiorari in the above-captioned case, 
together with a motion for leave to proceed in forma pauperis and 
a certificate of service. 

  

I subsequently have identified approximately one dozen 
typographical errors in the original document, on at least six 
pages of the text. Rather than forward your office multiple 
copies -of the looseleaf corrected pages, I have taken the liberty 
to prepare a substituted original and eleven copies of the 
petition, in which all of the typographical errors have been 
corrected. There has otherwise been absolutely no change in the 
substance of the petition as initially filed. I would be 
grateful if you would substitute the enclosed copies of the 
petition for the original and eleven copies originally sent to 
your office. I have spoken with Mary Beth Westmoreland, Esq. of 
the Georgia Attorney General's office. She does not oppose this 
substitution. 

Thank you very much. 

Hn 

John Charles Boger 

cc: Mary Beth Westmoreland, Esq. 

  

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 

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March 22, 1990 

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

Warren McCleskey v. Walter D. Zant, 
No, 89- 
  

Dear Mr. Spaniol: 

Enclosed for filing are an original and eleven copies 
of a petition for certiorari in the above-captioned case, 
together with a motion for leave to proceed in forma pauperis and 
a certificate of service. 

  

As you will note from Appendix E to the petition, the 
United States Court of Appeals for the Eleventh Circuit has 
stayed the mandate in this case to and including March 23, 1990, 
and thereafter, pending the timely filing of a petition for 
certiorari. I would be grateful if you could inform the Clerk of 
that Court, Miguel Cortez, that this petition has been filed. 

Thank you very much. 

Sincerely, 

A : a 3 

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\Johrr- Charles Boger Vig 

cc: Mary Beth Westmoreland, Esq. 
Hon. Miguel Cortez, Clerk 

  

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

 



  

No. 89- 

IN THE SUPREME COURT OF THE UNITED STATES 

%, October Term, 1989 

  

WARREN McCLESKEY, 

Petitioner, 

-y- 

WALTER ZANT, Warden, 
Georgia Diagnostic and 
Classification Center, 

Respondent. 

  

  

MOTION FOR LEAVE TO PROCEED 
IN FORMA PAUPERIS 

  

  

Petitioner, WARREN McCLESKEY, by and through his undersigned 

‘counsel, asks leave to file the attached Petition for Writ of 

Certiorari to the United States Court of Appeals for the Eleventh 

Circuit without prepayment of fees and costs, and to proceed in 

forma pauperis, pursuant to Rule 46 of the Rules of this Court. 
  

Petitioner's Affidavit in support of this motion is attached 

hereto as "Exhibit A." oe : i. 

 



  

Respectfully submitted, 

ROBERT H. STROUP 
141 Walton Street, N.W. 

Atlanta, Georgia 30303 
(404) 522-8500 

JULIUS L. CHAMBERS 
JOHN CHARLES BOGER 

99 Hudson Street 

New York, New York 10013 
(213) 219-1900 

By: 
  

ATTORNEYS FOR WARREN McCLESKEY 

 



  

No. 89- 

IN THE SUPREME COURT OF THE UNITED STATES 

October Term, 1989 

  

WARREN McCLESKEY, 

Petitioner, 

-y- 

WALTER ZANT, Warden, 
Georgia Diagnostic and 
Classification Center, 

Respondent. 

  

  

AFFIDAVIT OF POVERTY 

  

  

I, WARREN McCLESKEY, declare that I am the Petitioner in the 

above-entitled case; that in support of my motion to proceed 

without being required to prepay fees, costs, or give security 

therefor, I state that because of my poverty I am unable to pay 

the costs of said proceedings or to give security therefor, and 

that I believe that I am entitled to relief. 

1. Are you employed? Yes No X 

a. If the answer is "yes," state the amount of your 
salary or wages per month, and give the name and 
address of your employer. 

  

  

  

b. If the answer is "no," state the date of last em- 
ployment, and the amount of salary and wages per 
month which you received. 

  

  

 



  

2. 

I understand that a false statement or answer to any question in 

Have you received within the last twelve months any money 
from the following sources? 

a. Business, profession or form of self-employment? 
Yes No 

b. Rent payments, interest, or dividends? Yes  NoX _ 
c. Pensions, annuities, or life insurance 

payments? Yes No A 
d. Gifts or inheritances? Yes No ££ 
e. Any other sources? Yes No X 

Do you own any cash, or do you have any money in any 
checking or savings account? 

Vii 

  

Yes X No (Include any funds in prison account) 
If the answer is "yes," state the total value of the items 
owned. $US oF - 4A Sr asl 
  

  

Do you own any real estate, stocks, bonds, notes, auto- 

mobiles, or other valuable property (excluding ordinary 
household furnishings and clothing)? 

Yes No X 

If the answer is "yes," describe the property and state 
its approximate value. 
  

  

List the persons who are dependent upon you for support, 
state your relationship to those persons, and jindicate 
how much you contribute to their support. Lie 

  

  

this Affidavit will subject me to penalties for perjury. 
2 / 

  

Ms Lim r 2 8722 A 
I sis 7 y Li J = CLC id 7 

WARREN McCLESKEY 

Sworn to and subscribed before me, 

  

this the [£7 day of March, 1990. 

: 7 LAL 5 3 7, Ta Vis i — 

Notary Public 

My Commission expires: 
vy 

id 22 
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CERTIFICATE 
  

I hereby certify that Petitioner, WARREN McCLESKY, D-003935 

has the sum of $ Var 3.0 7 on account to his credit at the 
  

Georgia Diagnostic and Classification Center where he is confined. 

I further certify that Petitioner likewise has the following 

securities to his credit according to the records of said Georgia 

Diagnostic and Classification Center. 

  

  

  _ 7 

“Authorized Officer of Institution