Cite as: 532 U. S. 774 (2001)
Syllabus
kind into four categories: (1) cases in which there are further proceedings, even entire trials, yet to occur in the state courts, but where the federal issue is conclusive or the outcome of further proceedings preordained; (2) cases in which the federal issue, finally decided by a State's highest court, will survive and require decision regardless of the outcome of future state-court proceedings; (3) cases in which the federal claim has been finally decided, with further proceedings on the merits in the state courts to come, but in which later review of the federal issue cannot be had, whatever the ultimate outcome of the case; and (4) cases in which the state courts have finally decided the federal issue with further proceedings pending in which the party seeking review in this Court might prevail on the merits on nonfederal grounds, thus rendering unnecessary review of the federal issue by this Court, and where reversal of the state court on the federal issue would be preclusive of any further litigation on the relevant cause of action rather than merely controlling the nature and character of, or determining the admissibility of evidence in, the state proceedings still to come. Because none of those categories fits the Florida Supreme Court's judgment in this case, the judgment is not final. Pp. 777-781.
Certiorari dismissed for want of jurisdiction. Reported below: 761 So.
2d 1010.
Rehnquist, C. J., delivered the opinion for a unanimous Court.
Robert J. Krauss, Senior Assistant Attorney General of Florida, argued the cause for petitioner. With him on the briefs were Robert A. Butterworth, Attorney General, Carolyn M. Snurkowski, Assistant Deputy Attorney General, and John M. Klawikofsky, Assistant Attorney General.
Gregory G. Garre argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Acting Solicitor General Underwood, Acting Assistant Attorney General Keeney, and Deputy Solicitor General Dreeben.
Cynthia J. Dodge argued the cause for respondent. With her on the brief was James Marion Moorman.*
*Tracey Maclin and Lisa B. Kemler filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae urging affirmance.
775
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