Summary
In Espinoza v. O'Dell, 456 U.S. 430, 102 S.Ct. 1865, 72 L.Ed.2d 237, the Supreme Court said nothing on the constitutional liberty interest issues, dismissing certiorari summarily for lack of finality.
Summary of this case from Bell v. City of MilwaukeeOpinion
No. 81-534.
Argued April 26, 1982 Decided May 3, 1982
Certiorari dismissed for want of jurisdiction. Reported below: 633 P.2d 455.
Theodore S. Halaby argued the cause for petitioners. With him on the briefs were Louis B. Bruno and David Neil.
Scott H. Robinson argued the cause and filed a brief for respondents.
Charles S. Sims, Leon Friedman, Christopher A. Hansen, and Anthony F. Renzo filed a brief for the American Civil Liberties Union et al. as amici curiae urging affirmance.
Under 28 U.S.C. § 1257, this Court has jurisdiction to review only "[f]inal judgments or decrees rendered by the highest court of a State in which a decision could be had." Because the Colorado Supreme Court remanded this case for trial, its decision is not final "as an effective determination of the litigation." Market Street R. Co. v. Railroad Comm'n of Cal., 324 U.S. 548, 551 (1945). Although there is a limited set of situations in which we have found finality as to the federal issue despite the ordering of further proceedings in the lower state courts, see Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975), this case does not fit into any of those categories. We therefore dismiss for want of jurisdiction.
It is so ordered.