1. In the absence of advice whether the Supreme Court of
California has conducted any further proceedings in this case or
has so entered as to become a part of the record any order,
opinion, or certificate since this Court's earlier continuance of
the cause, a letter, apparently not a part of the case record,
received by the Clerk of this Court and signed by the Clerk of the
Supreme Court of California is not regarded as a sufficient
"determination" of the question whether the judgment below was
intended to rest on an adequate independent state ground or whether
decision of the federal claim was necessary thereto. P.
343 U. S. 393.
2. This cause is further continued for such period as will
enable counsel for petitioner to secure from the Supreme Court of
California an official determination of that question. P.
343 U. S.
394.
PER CURIAM.
On November 5, 1951, we ordered this cause
"continued for such period as will enable counsel for petitioner
to secure a determination from the Supreme Court of California as
to whether the judgment herein was intended to rest on an adequate
independent state ground or whether decision of the federal claim
was necessary to the judgment rendered."
342 U.S.
33 (1951).
We have not yet been advised whether the Supreme Court of
California has conducted any further proceedings in this case, or
has so entered as to become a part of the record any order,
opinion, or certificate after November 5, 1951. We do not regard a
letter, not apparently a part of the case record, received by the
Clerk of this Court on March 31, 1952, signed by the Clerk of the
Supreme Court of California as a sufficient "determination" of the
question raised in our order of November 5, 1951.
Page 343 U. S. 394
Accordingly, the cause is ordered further continued for such
period as will enable counsel for petitioner to secure from the
Supreme Court of California its official determination as requested
in our order of November 5, 1951.
Cause continued.
MR. JUSTICE DOUGLAS, being of the opinion that the federal
question in the case has been fully exposed, dissents.
MR. JUSTICE MINTON took no part in the consideration or decision
of this case.
