Dixon v. Duffy, 343 U.S. 393 (1952)

Dixon v. Duffy


No. 79


Argued October 16, 1951
Continued November 5, 1951
Further continued May 12, 1952
343 U.S. 393

CERTIORARI TO THE SUPREME COURT OF CALIFORNIA

Syllabus

1. In the absence of advice whether the Supreme Court of California has conducted any further proceedings in this case or has so entered as to become a part of the record any order, opinion, or certificate since this Court’s earlier continuance of the cause, a letter, apparently not a part of the case record, received by the Clerk of this Court and signed by the Clerk of the Supreme Court of California is not regarded as a sufficient "determination" of the question whether the judgment below was intended to rest on an adequate independent state ground or whether decision of the federal claim was necessary thereto. P. 393.

2. This cause is further continued for such period as will enable counsel for petitioner to secure from the Supreme Court of California an official determination of that question. P. 394.