LOFTUS
v.
ILLINOIS

U.S. | 1949-06-20
No. 4
337 U.S. 935 Supreme Court of the United States (1949) Positive Treatment
Cited by 4 cases

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Synopsis

The Supreme Court dismissed a petition for certiorari in which the petitioner claimed he was denied the right to counsel in violation of the Fourteenth Amendment's Due Process Clause, after the Illinois Supreme Court clarified that its affirmance of the conviction rested on an independent state ground rather than a decision on the federal constitutional claim. Because the state court's judgment was based on state law grounds adequate to support it, the Supreme Court lacked jurisdiction to review the federal constitutional question.

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Per_curiam
Per Curiam:

Per Curiam:

Certiorari was granted in this case, 333 U. S. 831, because of petitioner’s serious claim that he was denied the assistance of counsel under circumstances which constitute a disregard of the safeguards to which he was entitled under the Due Process Clause of the Fourteenth Amendment. After hearing argument, wé continued the cause to enable the Supreme . Court of Illinois to advise us whether its affirmance of petitioner’s conviction was intended to rest on an adequate independent State ground or 'whether decision of the claim under the Fourteenth Amendment was necessary to its judgment inasmuch as it was urged on behalf of Illinois that the constitutional claim was not properly before, the Illinois Supreme Court on writ of error, but must be pursued in Illinois by habeas corpus. 334 U. S.

804. That Court’s response in People v. Loftus, 400 Ill. 432, 81 N. E. 2d 495,.makes it clear that its judgment rested upon an independent State ground. The writ of certiorari heretofore granted is therefore dismissed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Jennings v. Illinois, 342 U.S. 104 (U.S. 1951)
    …. White v. Ragen, 324 U. S. 760 (1945); Woods v. Nierstheimer, 328 U. S. 211 (1946); Carter v. Illinois, 329 U. S. 173 (1946); Foster v. Illinois, 332 U. S. 134 (1947); Marino v. Ragen, 332 U. S. 561 (1947); Loftus v. Illinois, 334 U. S. 804 (1948), 337 U. S. 935 (1949). Finally, in Young v. Ragen, 337 U. S. 235 (1949), it became apparent that unless habeas corpus was available, the Illinois courts afforded no remedy for the eight prisoners then before the Court, including petitioner Sherman, now here in No.…
  • Rice v. Sioux City Mem'l Park Cemetery, Inc., 349 U.S. 70 (U.S. 1955)
    …327; McCarthy v. Bruner, 323 U. S. 673; White v. Ragen, 324 U. S. 760; Woods v. Nierstheimer, 328 U. S. 211; Phyle v. Duffy, 334 U. S. 431; Hedgebeth v. North Carolina, 334 U. S. 806; Superior Court v. Lillefloren, 335 U. S. 906; Loftus v. Illinois, 337 U. S. 935; Parker v. Los Angeles, 338 U. S. 327; Hammerstein v. Superior Court, 341 U. S. 491; Stembridge v. Georgia, 343 U. S. 541; Edelman v. California, 344 U. S. 357; Bentsen v. Blackwell, 347 U. S. 925; California ex rel. Brown v. St. Louis Union Trust C…
  • Hammerstein v. Superior Court of Cal., 341 U.S. 491 (U.S. 1951)
    …apparently refrained from taking action because of the existence of that remedy. In these circumstances we think it advisable not to exercise our jurisdiction. The [*493] writ is therefore dismissed as improvidently granted. Cf. Loftus v. Illinois, 337 U. S. 935 (1949); Phyle v. Duffy, 334 U. S. 431 (1948); Hedgebeth v. North Carolina, 334 U. S. 806 (1948). Writ dismissed. Mr. Justice Black, Mr. Justice Douglas, Mr. Justice Jackson and Mr. Justice Clark dissent.…

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