BURRELL et al. v. McCRAY et al.
No. 75-44.
Argued April 27, 1976
Decided June 14, 1976
Francis B. Burch, Attorney General of Maryland, argued the cause for petitioners. With him on the briefs were Henry R. Lord, Deputy Attorney General, and Clarence W. Sharp, Donald R. Stutman, and Glenn E. Bushel, Assistant Attorneys General.
Charles F. Morgan argued the cause for respondents. With him on the brief were Barbara M. Milstein, Michael Millemann, and C. Christopher Brown.
A brief of amici curiae urging reversal was filed for their respective States by Jim Guy Tucker, Attorney General of Arkansas, and Robert A. Newcomb, Assistant Attorney General; Evelle J. Younger, Attorney General of California, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O’Brien, Assistant Attorney General, and John T. Murphy, Deputy Attorney General; Carl R. Ajello, Attorney General of Connecticut, and Stephen J. O’Neill, Assistant Attorney General; Arthur K. Bolton, Attorney General of Georgia, and G. Thomas Davis, Assistant Attorney General; John C. Danforth, Attorney General of Missouri, and William F. Arnet, Assistant Attorney General; Paul L. Douglas, Attorney General of Nebraska, and Harold Mosher, Assistant Attorney General; William F. Hyland, Attorney General of New Jersey, and Joseph T. Maloney, Deputy Attorney General; Toney Anaya, Attorney General of New Mexico, and Michael Francke and Robert William Piatt, Jr., Assistant Attorneys General; Rufus L. Edmisten, Attorney General of North Carolina, and Andrew A. Vanore, Jr., Senior Deputy Attorney General; Larry Derryberry, Attorney General of Oklahoma, and Amy Hodgins, Assistant Attorney General; Robert P. Kane, Attorney General of Pennsylvania, and J. Andrew Smyser, Deputy Attorney General; Daniel R. McLeon, Attorney General of South Carolina, and Emmet H. Clair, Assistant Attorney General; and John L. Hill, Attorney General of Texas, and Bert W. Pluymen, Assistant Attorney General.
Briefs of amici curiae urging affirmance were filed by Alvin Bronstein, Robert Plotkin, Burt Neuborne, and Melvin L. Wulf for the American Civil Liberties Union et al.; and by Daniel L. Skoler for the Center for Correctional Justice.
Per Curiam.
The writ of certiorari is dismissed as improvidently granted.
Mr. Justice White dissents. He would affirm the judgment of the Court of Appeals.
stay, petition, or motion granted affirmed (includes modified) reversed reversed and remanded vacated and remanded affirmed and reversed (or vacated) in part affirmed and reversed (or vacated) in part and remanded vacated petition denied or appeal dismissed certification to or from a lower court no disposition