Loftus v. Illinois

Supreme Court

Loftus v. Illinois

337 U.S. 935, 69 S. Ct. 1511

CourtSupreme Court of the United States

DecidedJune 20, 1949

DocketNo. 4

StatusPublished

Cited by5 cases

This text of 337 U.S. 935 (Loftus v. Illinois) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Loftus v. Illinois, 337 U.S. 935, 69 S. Ct. 1511 (1949).

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Opinion

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.

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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.

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337 U.S. 935, 69 S. Ct. 1511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loftus-v-illinois-scotus-1949.

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