General Legal Files and Court Correspondence

    OFFICE OF THE CLERK 

SUPREME COURT OF THE UNITED STATES 

WASHINGTON, D. C. 20543 

July 7, 1986 

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

Re: 84-6811 — Warren McCleskey v. Ralph Kemp, Superintendent, 
Georgia Diagnostic and Classification Center 

Dear Mr. Boger: 

The Court today entered the following order in the above en- 

titled case: 

"The motion of petitioner for leave to proceed in forma 

pauperis is granted. The petition for a writ of cer- 

tiorari is granted limited to Questions 1, 2, 3, 4 and 

Spresented by the petition." 

Enclosed are memorandums describing the time requirements and 

procedures under the Rules. Please note that extensions of time 

to file the joint appendix and briefs will not be granted inasmuch 

as this case will be scheduled for oral argument for the October 

Session. 

I have been instructed to inform you that Rule 34.1(a) is 

satisfied by having the initial sheet in the brief state the 

"Questions Presented" without more. Counsel should not print on 

this page the title of the case or any other descriptive matter. 

Since the petitioner is proceeding in forma pauperis, we will 

meet the costs of printing the joint appendix and the printing of 

petitioner's brief. However, it will be your obligation to submit 

the copy to use in proper form to send to the printers. 

  

After you have reached an agreement with opposing counsel as 

to the contents of the joint appendix, you should immediately pre- 

pare a manuscript copy of the joint appendix and submit it to this 

office to be printed. Please number the pages of the joint appen- 

dix to insure proper order. When submitting xeroxed material, 

please be sure that it is a clear and legible copy. Printed cop- 

ies will be forwarded to you and opposing counsel as soon as they 

are available. 

  

In the meantime, you can be working on your brief. As soon 

as you receive the printed copies of the joint appendix, you may 

then insert in your brief the proper printed page references to 

the joint appendix before forwarding your brief to this office to 

be printed. The typewritten copy of your brief should reach this 

 



  

office by August 14, 1986 for printing. You should also serve a 
typewritten copy of your manuscript brief on opposing counsel. 
  

These are the only expenditures paid by this office, unless 
appointment of counsel is made by this Court. If you desire to be 
considered for appointment by this Court, you should forward to 
this office a typewritten motion for such appointment pursuant to 
Rule 46. I wish to advise that if you do file the motion, the 
Court will not necessarily appoint counsel who argued the case 
below. 

If no motion for appointment of counsel is filed within two 
weeks after the Court accepts a case for review, this office will 
assume that no such motion will be filed. 

If we can be of any assistance to you in this matter, please 
feel free to call upon us. 

Very truly yours, 

JOSEPH F. SPANIOL, JR., CLERK 

Sandy Nelsen 
Assistant Clerk 

Enclosures 

 



  

No. 84-6811 - McCleskey v. Kemp, Supt., etc. 
Note: Inasmuch as this case will be scheduled for oral argument 

: for the October Session, no extensions of time will be 
granted to file the joint appendix and briefs. 
  

OFFICE OF THE CLERK 

Supreme Cort of the Hnited States 

WASHINGTON, D. C. 20543 

MEMORANDUM TO COUNSEL IN CASES GRANTED REVIEW ON 

JULY 7, 1986 
  

: The attention of counsel of record in cases granted review on the above date is directed 
to the following: 

1. Unless expedited by the Court, your case will prebably be calendared for oral argu- 
ment in the session of the Court. Counsel will be advised sev- 
eral weeks in advance of the date of argument. 
  

2. The petitioner's or appellant's brief on the merits is due 45 days from 
July 7, 1986. The respondent’s or appellee’s brief on the merits is due 30 

days after receipt of the brief of the petitioner or appellant. Rule 35. 
  

(W
V)

 

If the certified record of the proceedings below has not been transmitted to this 
Court, the Clerk will in the near future request the clerk of the court possessed of the 
record to certify and transmit it pursuant to Rule 23.2 or Rule 16.7. The Clerk will 
delay making this request for a reasonable period of time to permit counsel to have 
access to the record locally for purposes of preparing the joint appendix. 

4. The joint appendix must be printed and filed on or before August 21. 1986 | 
Counsel for the petitioner or appellant is primarily responsible for preparing and 
printing the joint appendix. Work should begin immediately. The Court strongly 
urges counsel to agree quickly on the contents of the joint appendix. See Rule 30.2. 

5. If no agreement on the contents of the joint appendix is reached, counsel for the peti- 
tioner or appellant must designate those portions of the record to be printed by 
July 17, 1986 and counsel for the respondent or appellee must cross-designate 
by July 28, 1986 These dates must be adhered to. Counsel for the peti- 
tioner or appellant should keep the Clerk advised of the date any agreement is 
reached, or the dates when the designation and cross-designation are actually made, 
as well as the date when the designated portions of the record are sent to the printer. 
Copies of the designations need not be forwarded to the Clerk. 

  

  

6. In designating the portions of the record to be printed counsel should remember that 
the entire record is always available to the Court for reference and examination. 
Only those portions of the record directly relevant to the issues being briefed should 
be printed. The briefs of the parties can always cite and rely upon portions of the 
record that have not been designated for printing in the joint appendix. See 
Rule 30.2. 

 



  

10. 

11. 

o\R 12, 

13. 

Rule 30.4 permits the deferral of the preparation of the joint appendix until after the 
briefs have been filed, either by agreement of counsel or Court order. This provision 
should be sparingly used. It is appropriate only when the portions of a bulky record 
that need to be printed in the joint appendix cannot be determined until the issues have 
been sharpened in the parties’ briefs. The Clerk should be notified immediately if 
counsel plan to use this procedure. 

In preparing and printing the joint appendix counsel for the petitioner or appellant 
should follow the instructions contained in the attached memorandum on “Printing the 
Joint Appendix.” 

The form and content of the briefs on the merits and the joint appendix are governed by 
Rules 33 and 34. If printed by standard typographic processes, or their equivalent, the 
briefs may not exceed 50 pages. If reproduced in typewritten form, the briefs may not 
exceed 110 pages and must comply with the same requirements as to size of type and 
over-all page size for type-set briefs as provided in subparagraphs (c) and (d) of Rule 
33.1. Typewritten briefs must be double spaced, but indented quotations and footnotes 
may be single spaced. : 

The brief on the merits for petitioner or appellant must have a light blue cover; the brief 
for the respondent or appellee must have a light red cover. A reply brief, if any, must 
have a yellow cover. 

Unless otherwise ordered by the Court counsel on each side will be allowed 30 minutes 
to argue and only one attorney may argue for each side. See Rule 38.3 and Rule 38.4. 

The additional docketing fee of $100 is now due and must be forwarded promptly by 
counsel for the petitioner or appellant. Rule 45(a). 

The Clerk's staff is ready and willing to provide assistance and advice on these proce- 
dures and on the application of the Rules to each case. Copies of the Rules are available 
from the Clerk. The Rules are printed in 445 U.S. 983. 

Telephone Mrs. Sandy Nelsen (202) 479-3014 or FTS 989-3014 for further information. 

 



  

OFFICE OF THE CLERK 

Supreme mut of the Hnited States 

WASHINGTON, D. C. 20543 

  

PRINTING THE JOINT APPENDIX 

Rule 30 requires counsel for the appellant or petitioner to print a joint appendix separate 
* and apart from the brief on the merits and not physically attached thereto. To assist counsel 
the following suggestions are made: 

1. The enclosed sample cover should be followed as to form; the color of the cover must be 
tan. Note the following: 
(a) The cover must contain all seven items specified in Rule 33.2(a), including the 

names, addresses and telephone numbers of counsel of record for all parties. 
(b) Two lines must appear at the bottom of the cover: (1) the first line must indicate the 

date when the petition for the writ of certiorari was filed (or when the appeal was 
docketed); (2) the second line must indicate when certiorari was granted (or when 
jurisdiction of the appeal was noted or postponed). 

2. (a) A table of contents must be inserted at the beginning of the joint appendix. See 
Rule 30.5. 

(b) Rule 30.1 requires the joint appendix to contain the following: 
“(1) The relevant (emphasis added) docket entries in the courts below; 
(2) any relevant pleading, jury instruction, finding, conclusion, or opinion; 
(3) the judgment, order, or decision in question; and 

(4) any other parts of the record to which the parties wish to direct the Court’s 
attention.” 

(¢) The Court does not require the reprinting of any item specified in subparagraph (b) 
which is already contained in an appendix to a printed petition for a writ of certiorari 
or a printed jurisdictional statement. The joint appendix, however, must contain a 
notation directing the Court to the place where that item appears. 

  

  
  

If counsel desires to reprint an opinion, judgment, order, or decision in the joint appen- 
dix, it must be reprinted in full without deletion. 

vr 3. The joint appendix must be arranged so that the various documents appear chronologi- 
’ cally. Any document or item not in the certified record must not be reproduced in the 

joint appendix. 

ie If no docket entries appear in the record, counsel must include a chronological list of the 
% dates on which relevant pleadings were filed, hearings held, and orders entered. Rule 

30 requires only the printing of docket entries relevant to the issues presented. 

' 5. The name of the court in which the proceeding occurred must appear at the beginning o of 

each item printed in the joint appendix. 
  

  ——— 

 



  

10. 

11. 

The title of the case must be printed at the beginning of the first item in the joint appen- 
dix and must precede any opinion, judgment, or order reproduced. The title need not be 
printed on any other paper, but a parenthetical note must be inserted--i.e., (Title omitted 
in printing). 

Jurats and certificates or affidavits of service may be omitted and an appropriate paren- 
thetical note printed in their stead--i.e., (Jurat omitted in printing), (Certificate, or affi- 
davit of service omitted in printing). 

Any deletion not specifically noted must be indicated by asterisks. 

In order that testimony reprinted in the joint appendix may be compared with the origi- 
nal, the page at which it appears in the transcript must be printed in brackets. See Rule 
30.5. 

The size of type and over-all page size requirements for material reproduced in the joint 
appendix, including that which is to be photographically reproduced, are set forth in Rule 
33.1. If such material must be retyped, the typewritten matter must be double spaced, 
but indented quotations and footnotes may be single spaced. The right hand margin of 
typewritten materials need not be justified. 

Only the cost of printing 50 copies of the joint appendix will normally be allowed as tax- 
able costs, although additional copies may be printed at counsel's own expense. Counsel 
printing the joint appendix therefore must promptly file with the Clerk an itemized state- 
ment from the printer showing the cost of printing 50 copies (unless printing a larger 
number of copies is approved by the Clerk) and must serve a copy thereof on all counsel 
to the proceeding. See Rule 30.3. 

Telephone Mrs. Sandy Nelsen (202) 479-3014 or FTS 989-3014 for further 
information. 

 



  

Sample Cover—See Rule 33 
  

  

No. 85-0000 
  

  

In the Sigoreme Cort of the Vnited States 

OcToBER TERM, 1985 

ABC COMPANY 
Petitioner, 

VS. 

XYZ CORPORATION, ET AL., 
Respondents. 

ON WRIT OF CERTIORARI TO THE UNITED STATES 
COURT OF APPEALS FOR THE FOURTH CIRCUIT 

JOINT APPENDIX 

JOHN DOE JAMES SMITH 
WILEY JONES* SMITH and SMITH* 
Doe, Doe and Doe Legal Building 

One Apple Lane Apple City, Virginia 00000 
Apple City, Virginia 00000 Telephone: (804) 000-0000 
Telephone: (804) 000-0000 Counsel for Respondents 

Counsel for Petitioner 

*Counsel of Record 

  

  

PETITION FOR CERTIORARI FILED JULY 2, 1985 
CERTIORARI GRANTED OCTOBER 7, 1985 

  

  

 



SUPREME COURT OF THE UNITED STATES 

OFFICE OF THE CLERK 

WASHINGTON, D. C. 20543 

Mre Martin F. Richman 

garretts Smith, et al. 
26 Broadway 
New York, NY 10004 

McCleskey, 
Kemps, Superintendent. 

Richman: 

Court today entered the following order in the above 

led case: 

The motion of International Human Rights Law Group for 

leave toc file & brief as amict a 3 The motion WN 

w 

Very truly yours», 

Joseph F. Spaniols, Jr., Clerk  



SUPREME COURT OF THE UNITED STATES 

OFFICE OF THE CLERK 

WASHINGTON, D. C. 20543 

McCleskey, 
Kemps, Superintendent, Ge gia 

agnostic and Classification (Center 

34-4811 

for a writ of certiorari in the 1 

docketed in this Court on Was 

:nclosed for notifying opposing 
case was docketed. Also enclosed 

is a form ¥« e entry of your appearance 2s 

counsel. 

A certificate eviden g the 
has been mailed to the Clerk 

of Appeals for the Eleventh 

truly yours, 

Stevass Clerk 

Assistant 

Enclosures  



  

August 21, 1986 

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

Washington, D.C. 20543 

Attn: Mrs. Sandy Nelson   

Warren McCleskey v. Ralph M. Kemp 

No. 84-6811 
  

Dear Mr. Spaniol: 

The Supplemental Exhibits referred to in the 

attached letter of August 21, 1986 are being forwarded 
to your office under separate cover by overnight delivery 
service. The brief itself is being sent via first class 
mail. 

  

Sincerely, 
> = 3 > ag # 3 

: ll § ; ! { i» ~—— 

RN GPG, SN SP i dl oT 

im 3 

John Charles Boger 
- a? 

cc: Mary Beth Westmoreland, Esq. 
Martin F. Richman, Esq. 

William L. Robinson, Esq. 

Ralph M. Steinhardt, Esq. 

JCB:agf 

NINETY NINE HUDSON STREET, 16th FLOGR 2 {212) 218-1800 3 NE CR! 

 



Memorandum from . . . | ¥/2/R 

MARTIN F. RICHMAN 
  

  

  

FIR 
AY drat ta slr amrnsd, ) one 

$d mts +} Nn AL, rove 

A At iy bol / dances 

Li. ll hig t oe 
oh SY rk int tn why > wd, A 

+! 

Nile 

 



  

ROBERT F. AMBROSE 
MICHAEL F. ARMSTRONG 
JOHN J. BARRETT 
DAVID D. BROWN III 

WILLIAM C. CLARKE 
WARREN H.COLODNER 
KEVIN J. CURLEY 

MICHAEL O. FINKELSTEIN 
MAHLON M.FRANKHAUSER * 
MORTON E.GROSZ 
RANDALL D. HOLMES 
CHARLES E. HORD IIT 
RICHARD M. LEDER 
THOMAS C. MERIAM 
LAWRENCE NIRENSTEIN 
GERALD A. NOVACK 
ALFRED T. OGDEN II 
WILLIAM O. PURCELL 
MARTIN F. RICHMAN * 
CARL F. ROGGE, JR. 
JACK B. SALWEN 
DONALD SCHAPIRO 
EDMUND R. SCHROEDER * 
DAVID SIMON 
ARTHUR D.SPORN 
JOANNE W. YOUNG * 

MEMBERS OF THE N.Y. BAR 

* ALSO MEMBER OF THE D.C.BAR 

BARRETT SMITH ScHAPIRO SIMON 

26 BROADWAY 

NEW YORK, N.Y. 10004 
  

(212) 422-8180 CABLE: ROOTBAR 

WUI TELEX: 66420 

August 21, 1986 

ARMSTRONG 

1201 PENNSYLVANIA AVENUE, N. W. 

WASHINGTON, D.C.20004 

(202) 393-5024 

CABLE: ROOTBAR WASHINGTONDC 

OREN ROOT 

V. HENRY ROTHSCHILD 2ND 

W. MASON SMITH 

COUNSEL 

ROBERT C. MACEK 

JAMES D. TUSS|ING * 

SENIOR ATTORNEYS 

Clerk of the Supreme Court 
of the United States 

J Pirst Street, N.E. 
Washington, D.C. 20002 

Re: McCleskey v. Kemp, No. 84-6811 
  

Dear Sir: 

Enclosed for filing are 40 copies of Motion 
for Leave to File Brief Amici Curiae for Dr. Franklin 
M. Fisher, et al., with annexed Brief Amici Curiae. One 
copy has been hand-signed. 

  

  

The Proof of Mailing - Affidavit is being mailed 
to you separately with a copy of this letter. 

Sincerely yours, 

BT hn 
Martin F. Richman 

 



  

Dr. 

No. 84-6811 
  

In the 

SUPREME COURT OF THE UNITED STATES 

October Term, 1985 

  

WARREN McCLESKEY, 

Petitioner, 
  

against 

RALPH M. KEMP, Superintendent, 
Georgia Diagnostic & Classification 

Center, 
Respondent. 
  

  

On Writ of Certiorari 

To the United States Court of Appeals 
For the Eleventh Circuit 

  

PROOF OF MAILING - AFFIDAVIT 

  

I, Martin F. Richman, one of the attorneys for 
Franklin M. Fisher et al., amici curiae herein, and 

  

a member of the Bar of the Supreme Court of the United 
States, hereby certify that, on the 21st day of August, 
1986, I deposited in a United States mailbox located at 
26 Broadway, New York, New York, with first-class postage 
prepaid, and properly addressed to the Clerk of the Supreme 
Court of the United States, within the time allowed for 

filing, a Motion for Leave to File Brief Amici Curiae and 
  

Brief Amici Curiae annexed thereto. 
  

Ved leon. 
Martin F. Richman 
  

Subscribed and sworn to before me at New York, 

New York this 21st day of August, 1986. 

tra tinier 
  

Notary Public 
DIANE B. TYSON 

Notary Public, State of New York 
No. 43-4707046 

Qualified in Richmond County 
Commission Expires April 30, 1988 

 



ARGUMENT FORM 

SUPREME COURT OF THE UNITED STATES 

  

TO: “Counsel of Record” 

Please complete all applicable parts of this form and return immediately to: Sandy Nelsen, Assistant Clerk, Supreme Court of 

the United States, Washington, D.C. 20543. 

  

  

    

    

Case No.: _84-6811 Warren McCleskey 2. Ral . ri d 
(Petitioner(s) orsdppsiiarttsix (Respondent(s) enApprieeien 

Case No.: v. 
(Petitioner(s) or Appellant(s)) (Respondent(s) or Appellee(s)) 

Case No.: v. 
(Petitioner(s) or Appellant(s)) (Respondent(s) or Appellee(s)) 

Date of Argument: October 15 y 1986 
  

Arguing Counsel: John Charles Boger 
(Must be a Member of the Bar of the Supreme Court or must have been allowed to argue pro hac vice by order of this Court.) 
  

(Preferred Phonetic Pronunciation): _BS-ger 
  

  

  

    

XE Mr. 0 Ms. [J Mrs. [J Miss 

Title, if any: 
(Solicitor General, Attorney General, City Attorney, etc.) 

Address: NAACP legal Defense & Educational Fund, Inc. 99 Hudson Street 

City and State: New York, New York Zip: 10013 

Telephone: (212) 219-1900 
  

Were you appointed by this Court? [] Yes No Allowed to argue pro hac vice? [] Yes [J No 

Name of party(ies) for whom counsel will argue: Warren McCleskey 
  

  

Please complete the following only if the Court has granted permission for Divided Argument: 

Name of party(ies) for whom counsel will argue: 
  

Total Minutes: 
  

(Name of counsel who will argue first) 

Name of party(ies) for whom counsel will argue: 
  

Total Minutes: 
  

(Name of counsel who will argue second)     
  

Please indicate names of Other Counsel who are members of the Bar of the Supreme Court that arguing counsel wants to have 
seated at Counsel Table: 

    

Timothy K. Ford City / State Seattle, Washington / 

Robert H. Stroup City / State Atlanta, Georgia / 
    

  

    

(Counsel of record) 

D IT IS — THAT ALL REQUESTED INFORMATION BE SUBMI O THIS OFFICE WITHOUT DELAY. 

DATE uguSt 22,198¢ SIGNATUR Chas, Ce 

 



  
D 

ARGUMENT FORM 

SUPREME COURT OF THE UNITED STATES 

TO: “Counsel of Record” 

Please complete all applicable parts of this form and return immediately to: Sandy Nelsen, Assistant Clerk, Supreme Court of 

the United States, Washington, D.C. 20543. 

  

Case No.: 84-6811 Warren McCleskey Ral 
  

    

    

: ri 
(Petitioner(s) or>dppetiartisiix (Respondent(s) spAppelieeien 

Case No.: v. 
(Petitioner(s) or Appellant(s)) (Respondent(s) or Appellee(s)) 

Case No.: v. 
(Petitioner(s) or Appellant(s)) (Respondent(s) or Appellee(s)) 

Date of Argument: October 15, 1986 
  

Arguing Counsel: John Charles Boger 
(Must be a Member of the Bar of the Supreme Court or must have been allowed to argue pro hac vice by order of this Court.) 
  

  (Preferred Phonetic Pronunciation): _ BO—-ger 

  

  

  
  

y XE Mr. OJ Ms. [J Mrs. [J Miss 

Title, if any: 
(Solicitor General, Attorney General, City Attorney, etc.) 

Address: NAACP Legal Defense & Educational Fund, Inc. 99 Hudson Street 

City and State: New York, New York Zip: 10013 

Telephone: (212) 219-1900 
  

Were you appointed by this Court? [J Yes [Xl No Allowed to argue pro hac vice? [J Yes [J No 

Name of party(ies) for whom counsel will argue: ___ Warren McCleskey 
  

  

Please complete the following only if the Court has granted permission for Divided Argument: 

Name of party(ies) for whom counsel will argue:   

Total Minutes: 
  

(Name of counsel who will argue first) 

Name of party(ies) for whom counsel will argue:   

Total Minutes: 
  

(Name of counsel who will argue second)     
  

Please indicate names of Other Counsel who are members of the Bar of the Supreme Court that arguing counsel wants to have 
seated at Counsel Table: 

  

Timothy K. Ford | City / State Seattle, Washington / 
  

Robert H. Stroup City / State Atlanta, Georgia / 
    

  

    

(Counsel of record) 

IT IS gn THAT ALL REQUESTED INFORMATION BE SUBMI O THIS OFFICE WITHOUT DELAY. 

DATE ugust 22,198¢ SIGNATUR Chas, Ce 

 



  

OFFICE OF THE CLERK 

SUPREME COURT OF THE UNITED STATES 

WASHINGTON, D. C. 20543 

July 28, 1986 

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

Re: 84-6811 - Warren McCleskey v. Ralph Kemp, Superin- 
tendent, Georgia Diagnostic and 
Classification Center 

Dear Mr. Boger: 

This is to advise you that the above entitled case is 
scheduled for oral argument on Wednesday, October 15, 1986, 
and counsel must be present on that day. 

Please complete the enclosed Argument Form and return 
it to me no later than August 25, 1986. 

  

Also, please note the instructions regarding oral 
argument on the reverse side of the enclosed Calendar. If 
you have any questions, please feel free to telephone me. 

Very truly yours, 

JOSEPH F. SPANIOL, JR., CLERK 

Some; 1plas 
Sandy Nelsen 
Assistant Clerk 

Enclosures 

 



  

August 21, 1986 

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

Attn: Mrs. Sandy Nelson 
  

Warren McCleskey v. Ralph M. Kemp 

No. 84-6811 
  

Dear Mr. Spaniol: 

I am enclosing, at the direction of Mrs. Sandy Nelson, an 
original of the brief for petitioner in the above-captioned case. 
An affidavit ‘of mailing will follow under separate cover. The 
brief is camera-ready for offset printing by the Court's 
printers, except for the omission of citations to the Joint 
Appendix, which is presently being printed. Mrs. Nelson has 
indicated that when the Joint Appendix becomes available, she 
will immediately forward a copy, so that I may insert the 
citations and return a fully camera-ready copy of the brief for 

£inal printing. 

I am also enclosing 20 bound copies of the Supplemental 
Exhibits to be lodged in this case. Because of size and binding 
problems, these exhibits were omitted from the Joint Appendix by 
agreement of the parties. I understand from Mrs. Nelson that two 
copies will be circulated to each chambers to accompany the Joint 

Appendix. 

Thank you very much. 

Sincerely, 

hn Charles Boger 

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

JCB:agf 
enclosures 

  

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



Supreme Court of the United States 

Washington, B. €. 205343 

OFFICE OF FROM THE D=SK OF 
THE CLERK © SANDY NELSEN 

Mr. Boger, 

Under regular meil I have forwarded 

to you four more copies of the Joint 

Appendix in the McCleskey case. Counsel 
  

for the respondent has been served with 

copies. 

For your information I received the 

lodged exhibits and will circulate them 

to the Court with your brief. 

Thank you for your help. 

 



  

BARRETT SMITH SCHAPIRO SIMON & ARMSTRONG 

ROBERT F. AMBROSE 26 BROADWAY 1201 PENNSYLVANIA AVENUE, N. W. 

ign Sr rhBIRONG WASHINGTON, D. C. 20004 

2 NEW YORK, N.Y. [0004 

T
a
 

Su
 V
ES

SH
AC

HS
D 

NT
ES
—.
 

DAVID D. BROWN IIT (202) 393-5024 

WILLIAM C., CLARKE — 

WARREN H. COLODNER 
KEVIN J. CURLEY 

CABLE: ROOTBAR WASHINGTONDC 

(212) 422-8180 CABLE: ROOTBAR 

MICHAEL O. FINKELSTEIN WU! TELEX: 66420 OREN ROOT 

MAHLON M. FRANKHAUSER ** V. HENRY ROTHSCHILD 2ND 

MORTON E. GROSZ W. MASON SMITH 

RANDALL D. HOLMES COUNSEL 

CHARLES E. HORD IIT 
RICHARD M. LEDER 
THOMAS C.MERIAM 
LAWRENCE NIRENSTEIN 
GERALD A. NOVACK 
ALFRED T. OGDEN IT i 
WILLIAM O. PURCELL 
DONALD S. RICE 
MARTIN F. RICHMAN * 
CARL F. ROGGE, JR. 
JACK B.SALWEN 
DONALD SCHAPIRO June 27, 1985 
EDMUND R. SCHROEDER * 
DAVID SIMON 
ARTHUR D. SPORN 
JOANNE W.YOUNG * 

  

MEMBERS OF THE N.Y. BAR 

* ALSO MEMBER OF THE D.C.BAR 

*¥*MEMBER OF THE D.C.BAR ONLY 

Hon. Alexander L. Steavas 
Clerk 

Supreme Court of the United States 

One First Street, N.E. 
Washington, D.C. 20543 

Re: Warren McCleskey v. Ralph M. Kemp 
No. 84-6811 
  

Dear Mr. Steavas: 

Enclosed for filing are an original and forty copies 

of a motion for leave to file brief amici curiae and brief 

amici curiae in support of the petition for writ of certiorari 

in the above-captioned case. I am also enclosing a certificate 

of service on all parties with the brief. 

  

  

Thank you very much. 

Sincerely, 

MOF : mg Michael O. Finkelstein 

Enclosures 

 



4      APPEARANCE FORM 

SUPREME COURT OFF THE UN ITED STATES 

No. 84- -6811 
  

vs. i 
WARREN McCLESKEY RALPH M. KEMP 

(Petitioner or Apgeilaxt) (Respondent or Xppexixe) 
    

The Clerk will enter my appearance as Counsel of Record for ___WARREN MCCLESKEY 
  

  

(Please list names of all parties represented) 

&] Petitioner(s) D Respondent(s) 

O Appellant(s) O Appellee(s) 
who IN THIS COURT is O Amicus Curize 

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

Signature Matin s. Kida voramr. - 

(Type or print) Name MARTIN F. RICHMAN 

SI Mr. [Ms I Mrs. [] Miss 

Firm BARRETT SMITH SCHAPIRO SIMON & ARMSTRONG 

  

  

  

Address 26 Broadway 
  

  
  City & State __New York, New York Zip__10004 

Phone (212) _422-8180 
  

  
  

ONLY COUNSEL OF RECORD SHALL ENTER AN 
APPEARANCE. THAT ATTORNEY WILL BE 
THE ONLY ONE NOTIFIED OF THE COURTS 
ACTION IN THIS CASE. OTHER ATTORNEYS 
WHO DESIRE NOTIFICATION SHOULD MAKE 
APPROPRIATE ARRANGEMENTS WITH COUNSEL 
OF RECORD. 

ONLY ATTORNEYS WHO ARE MEMBERS OF THE 
BAR OF THE SUPREME COURT OF THE UNITED 
STATES MAY FILE AN APPEARANCE FORM. 

JT IS IMPORTANT THAT ALL REQueemzd 
INFORMATION BE PROVIDED. ; 

CO-T3A  



    
May 28, 1985 

Alexander L. Stevas 
Clerk 
Supreme Court of the United States 
One First Street, N.E. 

Washington, D.C. 20543 

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

Dear Mr. Stevas: 

Enclosed for filing are an original and nine 

A ; copies of a petition for certiorari on behalf of petitioner 

§ Warren McCleskey, a death-sentenced Georgia inmate, together 
with ten separately bound appendices, a motion for leave to 
proceed in forma pauperis, and a certificate of service. 
  

The United States Court of Appeals has stayed 
the mandate on this appeal, which effectively precludes 
the setting of an execution date for Mr. McCleskey, pending 
the filing and disposition of the enclosed petition for 
certiorari. I would be grateful if your office would 
inform the Eleventh Circuit before the close of business 
today that the petition has been filed. 

Thank you very much. 

Sincerely, n 
$y \ , L 

“John Charles Boger 

cc: Mary Beth Westmoreland, Esq. 

  

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

 



  

  

5 Fy { Ue { { «7 

  

  
LAWYERS’ COMMITTEE 

FOR CIVIL RIGHTS UNDER LAW 

SUITE 400 ® 1400 EYE STREET, NORTHWEST @ WASHINGTON, D.C. 20005 © PHONE (202) 371-1212 

CABLE ADDRESS: LAWCIV, WASHINGTON, D.C. 

August 26, 1986 

Grover Hankins, Esquire 

General Counsel 

NAACP Special Contributions Fund 

Room 501 
4805 Mt. Hope Drive 

Baltimore, Maryland 21215-3297 

Re: McCleskey v. Kemp 
  

Dear Grover: 

i Enclosed please find two copies of the amicus brief 

| which we filed in the Supreme Court of the United States 

: on last Thursday. I am very pleased with the guality of 

the brief and, upon reviewing it, I am sure you will also 

: conclude that it is a high quality effort. 

Again, I want to thank vou for joining us on this 

brief. The case is of exceptional importance and it is 

appropriate for the NAACP to lend the weight of its prestige 

; to the attempt to eliminate racial discrimination from im- 

position of the death penalty. 

Sincerely, 

William L. Robinson 

Director 

WLR:Vpj 

Enclosures 

i bce: James Nabrit, TIT. Fsqg. 
  

k Timothy Ford, Esq. 

 



  
    

No. 84-6811 

IN THE 

SUPREME COURT OF THE UNITED STATES 

October Term, 1985 

  

WARREN McCLESKEY, 

Petitioner, 

-V.e 

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 Warren McCleskey, and that I served copies of the 

annexed Brief for Petitioner in this action on counsel for 

respondent and amici curiae, as follows: 
  

Mary Beth Westmoreland, Esq. 
132. Judicial Building 

40 Capitol Sguare, 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, Esg. 
Patton Boggs & Blow 

2550 M Street, N.R. 
Washington, D.C. 20037 

All parties required to be served have been served. Done 

Cat 

this 21st day of August, 1986. 

  

JOHN CHARLES BOGER 

  

 



  
    

No. 84-6811 

IN THE 

SUPREME COURT OF THE UNITED STATES 

October Term, 1985 

  

WARREN McCLESKEY, 

Petitioner, 

-_-.e 

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 Warren McCleskey, and that I served copies of the 

annexed Brief for Petitioner 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 

All parties required to be served have been served. Done 

Clue t 

this 21st day of August, 1986. 

  

JOHN CHARLES BOGER 

  

 



  
    

No. 84-6811 

IN THE 

SUPREME COURT OF THE UNITED STATES 

October Term, 1985 

  

WARREN McCLESKEY, 
Petitioner, 

- 

RALPH M. KEMP, Superintendent, 
Georgia Diagnostic & Classification 
Center. 

  

On Writ of Certiorari to the United States 
Court of Appeals for the Eleventh Circuit 

  

AFFIDAVIT OF MAILING 
  

STATE OF NEW YORK ) 
:SS: 

COUNTY OF NEW YORK) 

JOHN CHARLES BOGER, being duly sworn, states: 

1. I am a member of the bar of the Court and am 

counsel of record for petitioner Warren McCleskey in this action. 

I make this affidavit pursuant to Rule 28.2 of the Rules of the 

Court. 

2. On Thursday, August 21, 1986, at approximately 

1:00 p.m., 1 placed the brief for petitioner, together with 20 

copies of the Supplemental Exhibits, in the United States mail, 

first class mail, postage prepaid, by depositing the package in a 

box under the care and custody of the Postal Service at Hudson 

and Franklin Streets, in the City of New York, New York. 

(po CHARLES BOGER 
  

Sworn to before me this 

21st day of August, 1986. 

- By Pd 

otary Public 

IVALINA R. PASS Notary Public, State of ee York No. 41-45266838 Qualified in Queens Count Commission Expires May 31, 10 LF    



     
LAWYERS’ COMMITTEE : 
FOR CIVIL RIGHTS UNDER LAW 

SUITE 400 ® 1400 EYE STREET, NORTHWEST e WASHINGTON, D.C. 20005 ® PHONE (202) 371-1212 

CABLE ADDRESS: LAWCIV, WASHINGTON, D.C. 

August 21, 1986 

Mr. Joseph F. Spaniol 

Clerk 
Supreme Court 
l Pirst Street, N.E. 
Washington, D. C., 20543 

Re: McCleskey v. Kemp 
October Term 1986, No. 84-6811 
  

Dear Mr. Spaniol: 

Enclosed for filing please find 40 copies of an 
amicus curiae brief on behalf of the Congressional Black 
Caucus, the Lawyers' Committee for Civil Rights Under Law 
and the NAACP Special Contributions Fund in Support of 

petitioners in the captioned case. 

  

Also enclosed, you will find my Notice of Appearance 
and a Certificate of Service verifying that all parties 

required to be served have been served. 

Sincerely, 

lta A Tin VLAN) - ; ~ 

William L. Robinson 
Director 

WLR:Vvp] 

Enclosures 

oon G. Booger, Esquire 
Mary Beth Westmoreland, Esq. 

 



APPEARANCE FORM 

SUPREME COURT OF THE UNITED STATES 

No. _ 84-6811 

  

  

vs. 
WARREN McCLESKY RALPH M. KEMP 

(Petitioner or Appellant) (Respondent or Appellee) 
    

The Clerk will enter my appearance as Counsel of Record for _AMmici 
Congressional Black Caucus, Lawyers' Committee for Civil Rights Under L 
and NAACP Special Contributions Fund g 2 

(Please list names of all parties represented) 

  

  

“ho IN THIS COURT Ss 5 Toitenerts) LJ Respondent). wr 4 vivus Curiae 
O Appellant(s) OO Appellee(s) 

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

Signature Will tion, h. . Ca 

(Type or print) Name WILLIAM LL. ol as 

=X Mr. O Ms. O Mrs. O Miss 

  

  

Firm__Lawyers' Committee for Civil Rights Under law 
  

Address 1400 Eye Street, N.W., Suite 400 
  

  
  City & Stare Washington, Db, C, Zip__20005 

Phone (202 ....371~1212 
  

  
  

ONLY COUNSEL OF RECORD SHALL ENTER AN 
APPEARANCE. THAT ATTORNEY WILL BE 
THE ONLY ONE NOTIFIED OF THE COURT'S 
ACTION IN THIS CASE. OTHER ATTORNEYS 
WHO DESIRE NOTIFICATION SHOULD MAKE 
APPROPRIATE ARRANGEMENTS WITH COUNSEL 
OF RECORD. 

ONLY ATTORNEYS WHO ARE MEMBERS OF THE 
BAR OF THE SUPREME COURT OF THE UNITED 
STATES MAY FILE AN APPEARANCE FORM. 

IT IS IMPORTANT THAT ALL REQUESTED 
INFORMATION BE PROVIDED. 

CO-73A 

 



      

No. 84-6811 

IN THE 

SUPREME COURT OF THE UNITED STATES 

October Term, 1986 

  

WARREN McCLESKEY, 

Petitioner, 

-against- 

RALPH M. KEMP, Superintendent, 
Georgia Diagnostic & Classification 
Center, 

Respondent, 

  

CERTIFICATE OF SERVICE 

  

I, William I... Robinson, a member of the Bar of this 

Court, counsel of record for amici curiae Congressional Black 
  

Caucus, Lawyers' Committee for Civil Rights Under Law and the 

NAACP Special Contributions Fund, hereby certify that three 

(3) copies of their amicus curiae brief in the captioned 
  

matter has been served by depositing a copy of it in the 

United States mail, first class postage prepaid on August 21, 

1986. The following counsel were served: 

John Charles Boger, Esquire 
99 Hudson Street, llth Pl. 

New York, New York 10013 

  
 



        

Mary Beth Westmoreland, Esquire 
Assistant Attorney General 
132 State Judicial Board 
Four Capital Square, S.W. 
Atlanta, Georgia 30334 

I further certify that all parties required to be 

served have been served. 

Respectfully submitted, 

hi J) 

Welkom X 
William L. Robinson 
1400 Eye Street, N.W., 
Suite 400 
Washington, D. C. 20005 

(202) 371-1212 
Counsel for Petitioner 

   



  
    

No. 84-6811 

IN THE 

SUPREME COURT OF THE UNITED STATES 

October Term, 1985 

  

WARREN McCLESKEY, 
Petitioner, 

-_ . 

RALPH M. KEMP, Superintendent, 
Georgia Diagnostic & Classification 
Center. 

  

On Writ of Certiorari to the United States 
Court of Appeals for the Eleventh Circuit 

  

AFFIDAVIT OF MAILING 
  

STATE OF NEW YORK ) 
:SS: 

COUNTY OF NEW YORK) 

JOHN CHARLES BOGER, being duly sworn, states: 

i. 1 an a member Of the bar of the Court and am 

counsel of record for petitioner Warren McCleskey in this action. 

I make this affidavit pursuant to Rule 28.2 of the Rules of the 

Court. 

2. On Thursday, August 21, 1986, at approximately 

2:00 p.m., I placed the brief for petitioner, together with 20 

copies of the Supplemental Exhibits, in the United States mail, 

first class mail, postage prepaid, by depositing the package in a 

box under the care and custody of the Postal Service at Hudson 

and Franklin Streets, in the City of New York, New York. 

Ce ron CHARLES BOGER 
  

Sworn to before me this 

21st day of August, 1986. 

- bd 

otary Public 

IVALINA R. PASSE 
fy Public, State of 

No. 414526088" YOK 
Qualified in 

Commissio Queens Count 

Nota 

" Expires May 31, 1.407