Gotthilf v. Sills

*81Mr. Justice Douglas, with whom The Chief Justice and Mr. Justice Black concur,

dissenting.

The majority concludes that petitioner is not seeking review of the decision of the “highest court of a State in which a decision could be had” within the meaning of 28 U. S. C. § 1257. It is said that petitioner could have, by employment of the certified question procedure, obtained a full review of his constitutional questions by the New York Court of Appeals, but instead chose a route that resulted in the dismissal of his appeal.

The determination of the Court of Appeals that this body execution order…