Opinion in Chambers

irrevocable, I therefore choose to err, if at all, on the side of the applicant. I have granted the stay pending further order by me as Circuit Justice or by the full Court.

INDEX

ABORTIONS. See Civil Rights Act of 1871.

ACTUAL INNOCENCE. See Habeas Corpus, 1.

ADJUSTED BASIS. See Taxes, 2.

AGGRAVATING FACTORS. See Constitutional Law, II.

ANTITRUST ACTS.

Sherman Act-Monopolization.-Petitioners could not be held liable
for attempted monopolization under § 2 of Act absent proof of a dangerous
probability that they would monopolize a relevant market and specific in-
tent to monopolize. Spectrum Sports, Inc. v. McQuillan, p. 447.

APPEALS.

Collateral order doctrine-Denial of immunity.-A federal district
court order denying a State's or a state entity's claim to Eleventh Amend-
ment immunity from suit may be immediately appealed under collateral
order doctrine. Puerto Rico Aqueduct and Sewer Authority v. Metcalf &
Eddy, Inc., p. 139.

ARIZONA. See Constitutional Law, II.

ARKANSAS. See Constitutional Law, V.

ARTIFICIAL ENTITIES AS PERSONS. See In Forma Pauperis.
ASSISTANCE OF COUNSEL. See Constitutional Law, V; Habeas
Corpus, 2.

ATTORNEY'S FEES.

Civil Rights Attorney's Fees Awards Act of 1976-Prevailing party.—
A plaintiff who receives nominal damages is a prevailing party within
Act's meaning, but may not have achieved degree of success necessary to
receive fees. Farrar v. Hobby, p. 103.

BENEFIT PLANS. See Employee Retirement Income Security Act
of 1974.

BURDEN OF PROOF. See Constitutional Law, III.

CALIFORNIA. See In Forma Pauperis.

CAPITAL MURDER. See Constitutional Law, II; V; Habeas Cor-
pus; Stays.

CASE OR CONTROVERSY. See Constitutional Law, I.

CAUSES OF ACTION. See Civil Rights Act of 1871.

CIVIL RIGHTS ACT OF 1871.

Causes of action-Obstruction of access to abortion clinics.-First
clause of 42 U. S. C. § 1985(3)—which prohibits conspiracies to deprive per-
sons of equal protection of laws or equal privileges and immunities under
laws-does not provide a federal cause of action against persons obstruct-
ing access to abortion clinics. Bray v. Alexandria Women's Health Clinic,
p. 263.

CIVIL RIGHTS ATTORNEY'S FEES AWARDS ACT OF 1976. See
Attorney's Fees.

CLEAR AND CONVINCING EVIDENCE STANDARD. See Constitu-
tional Law, III.

COLLATERAL ORDER DOCTRINE. See Appeals.

CONSTITUTIONAL LAW. See also Appeals.

I. Case or Controversy.

Mootness-Compliance with summons enforcement order.-Where a
third party complied with a District Court order enforcing an Internal
Revenue Service summons for production of recordings of petitioner's of-
ficers while petitioner's appeal from order was pending, appeal was not
moot, since Court of Appeals still had power to effectuate a partial remedy
for invasion of privacy. Church of Scientology of Cal. v. United States,
p. 9.

II. Cruel and Unusual Punishment.

Death sentence-Weighing State-Curing sentencing judge's error.-
Petitioner's death sentence violated Eighth Amendment where Arizona
Supreme Court did not perform proper reweighing to cure sentencing
judge's error of relying on an unconstitutionally vague "especially heinous,
cruel, or depraved" aggravating factor. Richmond v. Lewis, p. 40.

III. Due Process.

Challenge of prior convictions-Burden of proof-Due Process Clause
permitted Kentucky to impose burden of production on a recidivism de-
fendant challenging validity of a prior conviction and did not require gov-
ernment to prove conviction's validity by clear and convincing evidence.
Parke v. Raley, p. 20.

CONSTITUTIONAL LAW-Continued.

IV. Impeachment Trial Clause.

Justiciability-Political question.-Question whether Senate Rule
IX-which allows a committee of Senators to hear evidence against an
impeached individual and report to full Senate-violates Constitution's
Impeachment Trial Clause is a nonjusticiable political question. Nixon v.
United States, p. 224.

V. Right to Counsel.

Effective assistance of counsel-Failure to object.-Respondent was
not denied his Sixth Amendment right to effective assistance of counsel
at his murder trial's sentencing phase when his counsel failed to make an
objection based on a then-existing, but subsequently overruled, precedent.
Lockhart v. Fretwell, p. 364.

VI. Searches and Seizures.

Mobile home seizure.-Seizure and removal of petitioners' mobile home
in order to evict them was a seizure within Fourth Amendment's meaning,
even though petitioners' privacy or liberty was not implicated. Soldal v.
Cook County, p. 56.

CORPORATIONS. See Taxes, 1.

COURTS OF APPEALS. See Jurisdiction, 1.

CRIMINAL LAW. See also Constitutional Law, II; III; V; Habeas
Corpus; Stays.

1. Federal Rules of Criminal Procedure-Severance of codefendants.—
Rule 14 does not require severance as a matter of law when codefendants
present "mutually exclusive defenses." Zafiro v. United States, p. 534.

2. Federal Rules of Criminal Procedure-Trials in absentia.-Rule 43
prohibits trial in absentia of a defendant who is not present at trial's
beginning. Crosby v. United States, p. 255.

CRUEL AND UNUSUAL PUNISHMENT. See Constitutional Law, II.
DEATH SENTENCE. See Constitutional Law, II; V; Habeas Cor-
pus; Stays.

DEDUCTIONS. See Taxes, 2, 3.

DEPRECIATION EXPENSES. See Taxes, 2.

DEPRIVATION CLAUSE. See Civil Rights Act of 1871.

DISABILITY BENEFITS. See Longshore and Harbor Workers' Com-
pensation Act.

DISTRICT OF COLUMBIA. See Employee Retirement Income Secu-
rity Act of 1974.

DRILLING AND DEVELOPMENT COSTS. See Taxes, 2.

DUE PROCESS. See Constitutional Law, III.

EFFECTIVE ASSISTANCE OF COUNSEL. See Constitutional Law,
V; Habeas Corpus, 2.

EIGHTH AMENDMENT. See Constitutional Law, II; Habeas Cor-
pus, 3.

ELEVENTH AMENDMENT. See Appeals.

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.

Pre-emption of state law-Health insurance.-Act pre-empts a state
law requiring employers who provide health insurance for their employees
to provide equivalent health insurance coverage for injured employees eli-
gible for workers' compensation benefits. District of Columbia v. Greater
Washington Bd. of Trade, p. 125.

EMPLOYER AND EMPLOYEES. See Employee Retirement Income
Security Act of 1974; Longshore and Harbor Workers' Compen-
sation Act.

ENHANCEMENT OF SENTENCES. See Constitutional Law, III.

EVICTIONS. See Constitutional Law, VI.

EXECUTIONS. See Stays.

FEDERAL CAUSES OF ACTION. See Civil Rights Act of 1871.

FEDERAL COURTS. See Appeals.

FEDERAL INCOME TAXES. See Taxes.

FEDERAL RULES OF CRIMINAL PROCEDURE. See Criminal Law.

FEDERAL-STATE RELATIONS. See Appeals.

FEES. See Attorney's Fees; In Forma Pauperis.

FORFEITURES. See Jurisdiction, 1.

FOURTEENTH AMENDMENT. See Constitutional Law, III; Habeas
Corpus, 3.

FOURTH AMENDMENT. See Constitutional Law, VI.

GEORGIA. See Habeas Corpus, 2.