U.S. Supreme Court
Ellis v. Dixon, 349 U.S. 458 (1955)
Ellis v. Dixon
Argued October 18, 1954
Reargued April 20, 1955
Decided June 6, 1955
349 U.S. 458
This Court granted certiorari to consider petitioner's claim that his organization had been denied federal constitutional rights and that the New York State courts had ruled adversely on this claim in sustaining dismissal of his suit. Upon reargument, it appeared that petitioner's pleadings had failed to lay a sufficient foundation for a decision on a claim of denial of federal constitutional rights, and that dismissal of his suit by the New York courts might have rested upon this adequate nonfederal ground.
Held: the writ of certiorari is dismissed as improvidently granted. Pp. 349 U. S. 459-464.
(a) It will not be assumed on this record that, in denying, without opinion, petitioner's application for leave to appeal, the New York Court of Appeals desired to thwart a review of petitioner's claim of denial of federal constitutional rights. Pp. 349 U. S. 462-463.
(b) If the insufficiency of petitioner's pleading to assert a federal right was the reason for the Court of Appeals' denial of leave to appeal, that determination would not conclude this Court. P. 349 U. S. 463.
(d) In the circumstances of this case, dismissal of the writ of certiorari is based on lack of jurisdiction, since the Court of Appeals' denial of leave to appeal might have rested on an adequate nonfederal ground. P. 349 U. S. 464.
Writ of certiorari dismissed. chanroblesvirtualawlibrary