11

                                                      ARGUMENT

                                    THE PETITION FOR A WRIT OF
                                 CERTIORARI SHOULD BE DENIED

          As provided by this Court’s rules, a petition for a writ of
certiorari will be granted only for compelling reasons. While
not exclusive, the following factors are relevant to this
Court’s consideration of whether to grant review on a writ
of certiorari:

        (a) a United Sates court of appeals has entered a
        decision in conflict with the decision of another
        United States court of appeals on the same
        important matter; has decided an important federal
        question in a way that conflicts with a decision
        by a state court of last resort; or has so far departed
        from the accepted and usual course of judicial
        proceedings, or sanctioned such a departure by a
        lower court, as to call for an exercise of this
        Court’s supervisory power;

       (b) a state court of last resort has decided an
        important federal question in a way that conflicts
        with the decision of another state court of last
        resort or of a United States court of appeals;

       (c) a state court or a United States court of appeals
       has decided an important question of federal law
       that has not been, but should be, settled by this
       Court, or has decided an important federal
       question in a way that conflicts with relevant
       decisions of this Court.

                               Sup. Ct. R. 10.

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