|
|
Dixon v. Duffy, 344 U.S. 143 (1952)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
CERTIORARI TO THE SUPREME COURT OF CALIFORNIA
Syllabus
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.
Held:
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. 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. 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. 146.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Dixon v. Duffy, 344 U.S. 143 (1952) in 344 U.S. 143 344 U.S. 144. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=46QGT2BNCR9VS3H.
MLA: U.S. Supreme Court. "Syllabus." Dixon v. Duffy, 344 U.S. 143 (1952), in 344 U.S. 143, page 344 U.S. 144. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=46QGT2BNCR9VS3H.
Harvard: U.S. Supreme Court, 'Syllabus' in Dixon v. Duffy, 344 U.S. 143 (1952). cited in 1952, 344 U.S. 143, pp.344 U.S. 144. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=46QGT2BNCR9VS3H.
|