As you may recall, petitioner's counsel informed us at oral argument that because Shelton did not complete a necessary IFP affidavit, his petition for certiorari was not filed by the clerk. Johnson was a party in the proceedings but did not seek certiorari. In view of the jurisdictional deficiencies, do you still wish the per curiam to cover Shelton and Johnson?
Kennedy, A.M. Correspondence from Kennedy to Rehnquist, Bennett v. Arkansas, 485 U.S. 395 (1988). Box 367, Harry A. Blackmun Papers, Manuscript Division, Library of Congress, Washington, D.C.