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DIXON V. DUFFY, 344 U. S. 143 (1952)

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U.S. Supreme Court

Dixon v. Duffy, 344 U.S. 143 (1952)

Dixon v. Duffy

No. 4

Argued October 16, 1951

Continued November 5, 1951

Further continued May 12, 1952

Decided December 8, 1952

344 U.S. 143


In a state court, petitioner was convicted of a crime and sentenced to imprisonment. He did not appeal, but petitioned the State Supreme Court for habeas corpus, which was denied without opinion. This Court granted certiorari because of a serious claim that petitioner had been deprived of his rights under the Federal Constitution. At the bar of this Court, the State Attorney General argued that the State Supreme Court's judgment rested on an adequate state ground. After twice continuing the cause on its docket to enable petitioner's counsel to obtain from the State Supreme Court a determination as to whether its judgment was intended to rest upon an adequate state ground, this Court is now informed that the State Supreme Court considers that it has no jurisdiction to render such a determination.


1. To the end that the doubt as to the jurisdiction of this Court to review the judgment of the State Supreme Court may be resolved, that judgment is vacated and the cause is remanded for further proceedings. Pp. 344 U. S. 144-146.

2. A new judgment may be entered, and petitioner may also be informed by an official determination from the State Supreme Court whether or not that judgment rests on an adequate state ground. Pp. 344 U. S. 144-146.

Judgment vacated and cause remanded.

Petitioner's application for a writ of habeas corpus was denied by the Supreme Court of California without opinion. This Court granted certiorari. 341 U.S. 938. Judgment vacated and cause remanded, p. 344 U. S. 146. chanroblesvirtualawlibrary

Page 344 U. S. 144

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