Edelman v. California, 344 U.S. 357 (1953)

Edelman v. California

No. 85

Argued November 19, 1952
Decided January 12, 1953
344 U.S. 357

CERTIORARI TO THE APPELLATE DEPARTMENT

SUPERIOR COURT OF CALIFORNIA FOR LOS ANGELES COUNTY

Syllabus

Certiorari to review petitioner’s state court conviction under a California vagrancy statute was improvidently granted, and the writ is dismissed. Pp. 358-362.

1. The claim that his conviction violated the Due Process Clause of the Fourteenth Amendment, because the statute was vague and uncertain, is not properly before this Court when the conviction was affirmed below by default in accordance with state law. Pp. 358-359.

2. The claim that his rights under the Equal Protection Clause of the Fourteenth Amendment were infringed by discriminatory enforcement of the vagrancy statute was disposed of on state procedural grounds, and cannot be considered here. P. 359.

3. Denial of his motion to recall the remittitur and vacate the judgment of the appellate court rested on an adequate state ground, and the claim that this denial deprived him of a hearing in the appellate court contrary to the Due Process Clause of the Fourteenth Amendment cannot be considered here. Pp. 359-362.