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O'Dell Vs. Espinoza - Court Judgment

LegalCrystal Citation
CourtUS Supreme Court
Decided On
Case Number456 U.S. 430
AppellantO'Dell
RespondentEspinoza
Excerpt:
o'dell v. espinoza - 456 u.s. 430 (1982) u.s. supreme court o'dell v. espinoza, 456 u.s. 430 (1982) o'dell v. espinoza no. 81-534 argued april 26, 1983 decided may 3, 1982 456 u.s. 430 certiorari to the supreme court of colorado certiorari dismissed for want of jurisdiction. reported below: 633 p.2d 455. per curiam. 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 , 324 u. s. 551 .....
Judgment:
O'Dell v. Espinoza - 456 U.S. 430 (1982)
U.S. Supreme Court O'Dell v. Espinoza, 456 U.S. 430 (1982)

O'Dell v. Espinoza

No. 81-534

Argued April 26, 1983

Decided May 3, 1982

456 U.S. 430

CERTIORARI TO THE SUPREME COURT OF COLORADO

Certiorari dismissed for want of jurisdiction. Reported below: 633 P.2d 455.

PER CURIAM.

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 , 324 U. S. 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.


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