Petition DENIED. Justice Souter would grant the petition for a writ of certiorari in No. 07-11073. Justice Stevens filed a statement respecting the denial of the petitions for writs of certiorari. Justice Breyer filed an opinion dissenting from the den (orders list)

DISTRIBUTED for Conference of November 7, 2008.

DISTRIBUTED for Conference of October 31, 2008.

DISTRIBUTED for Conference of October 17, 2008.

DISTRIBUTED for Conference of October 10, 2008.

DISTRIBUTED for Conference of September 29, 2008.

Reply of petitioner Douglas Oliver Kelly filed.

Brief of respondent California in opposition filed.

Order extending time to file response to petition to and including August 7, 2008.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 23, 2008)

Douglas Oliver Kelly, Petitioner, represented by Eugenie Evans Young

California, Respondent, represented by Stephanie Brenan