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State Court Decisions

28 USCS § 1258 provides that final judgments or decrees rendered by the highest court of a State in which a decision could be had, may be reviewed by the Supreme Court by writ of certiorari where:

  • the validity of a treaty or statute of the United States is drawn in question; or
  • the validity of a statute of any State is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States; or
  • any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or
  • any commission held or authority exercised under, the United States.

Upon writ of error, the Supreme Court has no jurisdiction to review a judgment of a state court, unless it is a final judgment, by the highest court of the State in which a decision in the suit can be had, and against a right set up under the Constitution or laws of the United States, pursuant to Rev. Stat, § 709 (United States).[i]


[i] Great Western Tel. Co. v. Burnham, 162 U.S. 339 (U.S. 1896)

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