456 US 430 O'Dell v. Espinoza

456 U.S. 430

102 S.Ct. 1865

72 L.Ed.2d 237

John O'DELL et al., Petitioners,
Andrew ESPINOZA, etc. et al.

No. 81-534.

Argued April 26, 1982.

Decided May 3, 1982.


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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, 633 P.2d 455, 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, 65 S.Ct. 770, 773, 89 L.Ed. 1171 (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, 95 S.Ct. 1029, 43 L.Ed.2d 328 (1975), this case does not fit into any of those categories. We therefore dismiss for want of jurisdiction.


It is so ordered.