Banks v. California, 670

Decision Date16 June 1969
Docket NumberNo. 670,670
Citation395 U.S. 708,23 L.Ed.2d 653,89 S.Ct. 1901
PartiesFred BANKS, Petitioner, v. State of CALIFORNIA
CourtU.S. Supreme Court

Thomas J. Klitgaard, San Francisco, for petitioner.

Edward P. O'Brien, San Francisco, for respondent.

PER CURIAM.

Petitioner did not ask the Supreme Court of California to review the judgment entered by the Court of Appeal in this case. Therefore, the decision of the Court of Appeal is not a '(f)inal judgment * * * rendered by the highest court of a State in which a decision could be had * * *.' 28 U.S.C. § 1257, and we lack jurisdiction to review it. The writ of certiorari is dismissed for want of jurisdiction.

It is so ordered.

Writ dismissed.

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    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • November 2, 1984
  • Riddle v. Kemna
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • April 8, 2008
    ...to consider a petition for certiorari from Riddle after the court of appeals affirmed his conviction. See Banks v. California, 395 U.S. 708, 89 S.Ct. 1901, 23 L.Ed.2d 653 (1969). This court holds that, because the United States Supreme Court could not have reviewed Riddle's direct appeal, "......
  • Wilson v. Jones
    • United States
    • U.S. District Court — Southern District of Alabama
    • March 29, 1999
    ... ... at p. 102, ¶ 3. The United States relies principally on Arizona v. California, 460 U.S. 605, 618, 103 S.Ct. 1382, 1391, 75 L.Ed.2d 318 (1983) ("when a court decides upon a rule ... ...
  • Ben-Yah v. Norris
    • United States
    • U.S. District Court — Eastern District of Arkansas
    • July 31, 2008
    ...to consider a petition for certiorari from Riddle after the court of appeals affirmed his conviction. See Banks v. California, 395 U.S. 708, 89 S.Ct. 1901, 23 L.Ed.2d 653 (1969). Riddle, 523 F.3d at 855. Thus, "because the United States Supreme Court could not have reviewed [petitioner's] d......
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