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456 U.S. 430

102 S. Ct. 1865

72 L. Ed. 2d 237

Docket No. 81-534.

O'DELL v. Espinoza

Supreme Court of the United States

Argued April 26, 1982.

Decided May 3, 1982.

Supreme Court of the United States · decided 1982-05-03

Key passage — most relied on by later courts

“limited set of situations in which we have found finality as to the federal issue despite the ordering of further proceedings in the lower state courts.'' Ibid. We do not agree. This is not a case in which”

quoted by 1 later decision, including Jefferson v. City of Tarrant

“Because the Colorado Supreme Court remanded this case for trial, its decision is not final”

quoted by 1 later decision, including Jefferson v. City of Tarrant

Applies 28 U.S.C. § 1257

Relies on Cox Broadcasting Corp. v. Cohn · Market St Ry Co v. Railroad Commission of State of California · Espinoza v. O'DELL

Good law ✅— No negative treatment on recordhow we know

Petition denied / appeal dismissed · 9–0 · Opinion by Per Curiam · Decided 1982-05-03

How this case has been cited

Cited by 79 later decisions (8 by the Supreme Court) — most recently June 2023 · most notably Hathorn v. Lovorn (1982), Bell v. City of Milwaukee (1984)

22 federal appellate · 8 district · 19 state decisions

52019821990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1

Under 28 U.S.C. § 1257, this Court has jurisdiction to review only "[f]inal judgments or decrees rendered by the highest court of a state in which a decision could be had · Case Law">highest court of a State in which a decision could be had." Because the Colorado Supreme Court, 633 P.2d 455, remanded this case for trial, its decision is not final "as an effective determination of the litigation." Market Street R. Co. v. Railroad Comm'n of Cal., 324 U.S. 548, 551, 65 S.Ct. 770, 773, 89 L.Ed. 1171 (1945). Although there is a limited set of situations in which we have found finality as to the federal issue despite the ordering of further proceedings in the lower state courts, see Cox Broadcasting Corp. v. Cohn, 420 U.S. 469, 95 S.Ct. 1029, 43 L.Ed.2d 328 (1975), this case does not fit into any of those categories. We therefore dismiss for want of jurisdiction.

¶2

It is so ordered.

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