Legal Opinion

O'DELL v. Espinoza

Supreme Court of the United States

Decided May 3, 1982No. 81-534PublishedCited by 38 opinions

1Per 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, 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.…

2Cases cited2 opinions

  1. Cox Broadcasting Corp. v. CohnSupreme Court of the United States · 1975
  2. Market Street Railway Co. v. Railroad Commission of CaliforniaSupreme Court of the United States · 1945

3Cited by38 opinions

  1. Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
  2. Hathorn v. LovornSupreme Court of the United States · 1982
  3. Berry v. City of MuskogeeCourt of Appeals for the Tenth Circuit · 1990
  4. Jose Valdivieso Ortiz v. Melquiades Burgos, Pablo Robles RoblesCourt of Appeals for the First Circuit · 1986
  5. Marx v. Truck Renting & Leasing Ass'nMississippi Supreme Court · 1987

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