O'Dell v. Espinoza, 456
U.S. 430 (1982)O'Dell v. EspinozaNo. 81-534Argued April 26, 1983Decided May 3, 1982456
U.S. 430CERTIORARI TO THE SUPREME COURT OF
COLORADOCertiorari dismissed for want of
jurisdiction. Reported below: 633 P.2d
455.PER CURIAM.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."
Because the Colorado Supreme Court 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,
324 U. S. 551
(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
(1975), this case does not fit into any of those categories. We
therefore dismiss for want of jurisdiction.It is so ordered.
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