http://www.supremecourtus.gov/orders/courtorders/120808zor.pdf
As a previous poster already stated, it’s unclear whether just the stay was denied — or the entire case. The heading under which Donofrio’s case is listed is “Orders in Pending Cases.”
The case is not listed under “Certiorari Denied.” However, Donofrio says there was some procedural confusion, so it really isn’t clear at all at present whether the entire case was passed over or not.
I refer you to my post #274 in this thread for my opinion on that.