Florida v. Thomas, 532 U.S. 774, 6 (2001)

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Cite as: 532 U. S. 774 (2001)

Opinion of the Court

in the course of the accounting, short of settlement of the case, would foreclose or make unnecessary decision on the federal question." Cox, supra, at 480.

In this case, however, were the Florida courts to find that Chimel allows the search, a decision on the Belton issue would no longer be necessary. We have also noted that we treat state-court judgments in this category as final on the assumption that " 'the federal questions that could come here have been adjudicated by the State court,' " and the state proceedings to take place on remand " 'could not remotely give rise to a federal question . . . that may later come here.' " Cox, 420 U. S., at 480. We cannot make that assumption in this case.

Cases where "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," fall into Cox's third category. Id., at 481. New York v. Quarles, 467 U. S. 649 (1984), is such a case. Respondent was charged in state court with criminal possession of a weapon, and certain evidence was suppressed on federal constitutional grounds. We granted the petition for certiorari and reversed, explaining that the suppression ruling was a "final judgment" although respondent had yet to be tried. Id., at 651. We said that this case fell within Cox's third category because "should the State convict respondent at trial, its claim that certain evidence was wrongfully suppressed will be moot. Should respondent be acquitted at trial, the State will be precluded from pressing its federal claim again on appeal." 467 U. S., at 651, and n. 1.

To deny review here would not necessarily cause Florida to go to trial without the suppressed evidence, with further appeal barred in the event of an acquittal or the federal claim mooted in the event of a conviction. The state court has

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