Cardinale v. Louisiana, 394 U.S. 437 (1969). · Go Syfert
Cardinale v. Louisiana, 394 U.S. 437 (1969). Cases Citing This Book View Copy Cite
173 citation events (41 in the last 25 years) across 21 distinct courts.
Strongest positive: State v. Miller (nc, 2018-06-08)
Treatment trajectory · 1969 → 2026 · click a year to view as-of
1969 1997 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Miller (2×) also: Cited as authority (quoted)
N.C. · 2018 · signal: cf. · quote attribution · 2 verbatim quotes · confidence high
questions not raised below are those on which the record is very likely to be inadequate, since it certainly was not compiled with those questions in mind.
examined Cited as authority (verbatim quote) Turner v. Rogers (2×)
SCOTUS · 2011 · quote attribution · 2 verbatim quotes · confidence high
the court will not decide federal constitutional issues raised here for the first time on review of state court decisions
examined Cited as authority (quoted) State v. Rivera (3×)
N.C. Ct. App. · 2019 · signal: cf. · quote attribution · 3 verbatim quotes · confidence low
questions not raised below are those on which the record is very likely to be inadequate, since it certainly 539 was not compiled with those questions in mind.
examined Cited as authority (quoted) State v. Miller (3×)
N.C. · 2018 · signal: cf. · quote attribution · 3 verbatim quotes · confidence low
questions not raised below are those on which the record is very likely to be inadequate, since it certainly was not compiled with those questions in mind.
examined Cited as authority (quoted) Turner v. Rogers (3×)
SCOTUS · 2011 · quote attribution · 3 verbatim quotes · confidence low
the court will not decide federal constitutional issues raised here for the first time on review of state court decisions
examined Cited as authority (quoted) U.S. Industries, Inc. v. Laborde (3×)
D.P.R. · 1992 · quote attribution · 3 verbatim quotes · confidence low
it was very early established that the court will not decide federal constitutional issues raised here for the first time on review of state court decisions.
discussed Cited as authority (quoted) McKeesport Area School District v. Pennsylvania Department of Education
SCOTUS · 1980 · quote attribution · 1 verbatim quote · confidence low
it has long been established that the supreme court is vested with no jurisdiction unless a federal question was raised and decided in the state court below
discussed Cited as authority (rule) Hemphill v. New York (2×)
SCOTUS · 2022 · confidence medium
Thus, Hemphill expressly raised a Confrontation Clause argument and, contrary to the dissent’s contention, offered the Court of Appeals “ ‘the first opportunity’ ” to construe Reid “ ‘in a way which saves [its] constitutionality.’ ” Post, at 9 (quoting Cardinale v. Louisiana, 394 U. S. 437, 439 (1969)).
discussed Cited as authority (rule) Hemphill v. New York (2×)
SCOTUS · 2022 · confidence medium
Thus, Hemphill expressly raised a Confrontation Clause argument and, contrary to the dissent’s contention, offered the Court of Appeals “ ‘the first opportunity’ ” to construe Reid “ ‘in a way which saves [its] constitutionality.’ ” Post, at 9 (quoting Cardinale v. Louisiana, 394 U. S. 437, 439 (1969)).
discussed Cited as authority (rule) Hemphill v. New York (2×)
SCOTUS · 2022 · confidence medium
Thus, Hemphill expressly raised a Confrontation Clause argument and, contrary to the dissent’s contention, offered the Court of Appeals “ ‘the first opportunity’ ” to construe Reid “ ‘in a way which saves [its] constitutionality.’ ” Post, at 9 (quoting Cardinale v. Louisiana, 394 U. S. 437, 439 (1969)).
discussed Cited as authority (rule) Espinoza v. Montana Dept. of Revenue
SCOTUS · 2020 · confidence medium
Indeed, to honor principles of com- ity, this Court generally dismisses writs of certiorari from a State’s highest court where, as is true here of the Court’s bespoke inquiry, “the sole federal question” the Court seeks to decide was not “raised, preserved, or passed upon in the state courts below.” Cardinale v. Louisiana, 394 U. S. 437, 438 (1969); see also Webb v. Webb, 451 U. S. 493, 499 (1981).
discussed Cited as authority (rule) Howell v. Mississippi
SCOTUS · 2005 · confidence medium
Notwithstanding the long line of cases clearly stating that the presentation requirement is jurisdictional, see, e. g., Exxon Corp. v. Eagerton, 462 U. S. 176, 181, n. 3 (1983); Cardinale v. Louisiana, 394 U. S. 437, 438-439 (1969) (citing cases), a handful of exceptions (discussed in Gates, supra, at 219 ) have previously led us to conclude that this is “an unsettled question.” Bankers Life & Casualty Co. v. Crenshaw, 486 U. S. 71, 79 (1988).
discussed Cited as authority (rule) Peel v. Attorney Registration & Disciplinary Commission of Illinois (2×)
SCOTUS · 1990 · confidence medium
We *120 generally do not "decide federal constitutional issues raised here for the first time on review of state court decisions." Cardinale v. Louisiana, 394 U. S. 437, 438 (1969).
discussed Cited as authority (rule) Shapero v. Kentucky Bar Assn. (2×)
SCOTUS · 1988 · confidence medium
Nor does the fact that petitioner never leveled his constitutional challenge specifically against Rule 7.3 mean that this case presents "federal constitutional issues [that were] raised here for the first time on review of [a] state court decisio[n]," Cardinale v. Louisiana, 394 U. S. 437, 438 (1969).
discussed Cited as authority (rule) Bankers Life & Casualty Co. v. Crenshaw (2×)
SCOTUS · 1988 · confidence medium
Cardinale v. Louisiana, 394 U. S. 437, 438-439 (1969)." Illinois v. Gates, 462 U. S. 213, 247 (1983) (WHITE, J., concurring in judgment).
discussed Cited as authority (rule) Buchanan v. Kentucky (2×)
SCOTUS · 1987 · confidence medium
See Hill v. California, 401 U. S. 797, 805-806 (1971); Cardinale v. Louisiana, 394 U. S. 437, 438 (1969). [2] In juvenile court Johnson pleaded guilty to accomplice liability, Tr. 1029 (Aug. 2-13, 1982), in exchange for becoming a witness for the Commonwealth. [3] The applicable Kentucky murder statute at the time of petitioner's trial provided: "(1) A person is guilty of murder when: (a) With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty under this subsection if he acted under t…
discussed Cited as authority (rule) Batson v. Kentucky (2×)
SCOTUS · 1986 · confidence medium
In such circumstances, review of an equal protection argument is improper *113 in this Court: " `The Court has consistently refused to decide federal constitutional issues raised here for the first time on review of state court decisions . . . .' " Illinois v. Gates, 459 U. S. 1028, 1029, n. 2 (1982) (STEVENS, J., dissenting) (quoting Cardinale v. Louisiana, 394 U. S. 437, 438 (1969)).
discussed Cited as authority (rule) Charles Ben Howell v. State Bar of Texas (2×)
5th Cir. · 1983 · confidence medium
A state court may give the statute a saving construction in response to those arguments. 394 U.S. at 439 [ 89 S.Ct. at 1163 ].
examined Cited as authority (rule) Illinois v. Gates (6×) also: Cited "see"
SCOTUS · 1983 · confidence medium
First, "[q]uestions not raised below are those on which the record is very likely to be inadequate since it certainly was not complied with those questions in mind." Cardinale v. Louisiana, 394 U. S. 437, 439 (1969).
discussed Cited as authority (rule) Webb v. Webb (2×)
SCOTUS · 1981 · confidence medium
Thus, we confront in this case the same problem that arose in Cardinale v. Louisiana, 394 U. S. 437, 438 (1969): "Although certiorari was granted to consider this question, . . . the sole federal question *499 argued here has never been raised, preserved, or passed upon in the state courts below." Citing a long history of cases, we stated there that "[t]he Court has consistently refused to decide federal constitutional issues raised here for the first time on review of state court decisions." Ibid.
discussed Cited as authority (rule) Doe v. Delaware (2×)
SCOTUS · 1981 · signal: cf. · confidence medium
Co. v. Illinois Brick Co., 297 U. S. 447, 462-463 (1936); Whitney v. California, 274 U. S. 357, 360-361 (1927); Live Oak Water Users' Assn. v. Railroad Comm'n, 269 U. S. 354, 357-359 (1926); Rooker v. Fidelity Trust Co., 261 U. S. 114, 116-117 (1923); Zadig v. Baldwin, 166 U. S. 485, 488 (1897); Crowell v. Randell, 10 Pet. 368 , 391-392, 398 (1836); cf. Cardinale v. Louisiana, 394 U. S. 437, 438-439 (1969) (dismissal of writ of certiorari); Beck v. Washington, 369 U. S. 541, 549-554 (1962) (same). [10] If the record shows that a federal constitutional challenge to a state statute was brought t…
cited Cited as authority (rule) Estate of Wilson v. Aiken Industries, Inc.
SCOTUS · 1978 · confidence medium
Moore v. Illinois, 408 U. S. 786, 799 (1972); Cardinale v. Louisiana, 394 U. S. 437, 438-439 (1969).
discussed Cited as authority (rule) Regents of the University of California v. Bakke (2×)
SCOTUS · 1978 · confidence medium
See also Massachusetts v. Westcott, 431 U. S. 322 (1977); Cardinale v. Louisiana, 394 U. S. 437, 439 (1969).
discussed Cited as authority (rule) Commonwealth v. Piper (2×)
Pa. · 1974 · confidence medium
Similarly, the Supreme Court of the United States “has consistently refused to decide federal constitutional issues raised [there] for the first time on review of state court decisions....” Cardinale v. Louisiana, 394 U.S. 437, 438 , 89 S. Ct. 1161, 1163 (1969); see Tacon v. Arizona, 410 U.S. 351 , 93 S. Ct. 998 (1973); Hill v. California, 401 U.S. 797, 805-06 , 91 S. Ct. 1106, 1111 (1971).
discussed Cited as authority (rule) Vachon v. New Hampshire (2×)
SCOTUS · 1974 · confidence medium
Our prior cases establish that we will "not decide federal constitutional issues raised here for the first time on review of state court decisions." Cardinale v. Louisiana, 394 U. S. 437, 438 (1969).
discussed Cited as authority (rule) Chambers v. Mississippi (2×)
SCOTUS · 1973 · confidence medium
It is a jurisdictional limitation, Cardinale v. Louisiana, 394 U. S. 437, 438 (1969), that has always been interpreted with careful regard for the delicate nature of the authority conferred upon this Court to review the judgments of state courts of last resort: "Upon like grounds the jurisdiction of this court to reexamine the final judgment of a state court *309 cannot arise from mere inference, but only from averments so distinct and positive as to place it beyond question that the party bringing a case here from such court intended to assert a Federal right." Oxley Stave Co. v. Butler Count…
discussed Cited "see" Herron v. CENTURY BMW (2×)
S.C. · 2011 · signal: see · confidence high
See Cardinale, 394 U.S. at 438 , 89 S.Ct. 1161 (stating that "[although certiorari was granted to consider this question, the fact emerged in oral argument that the sole federal question argued here had never been raised, preserved, or passed upon in the state courts below”); see also Webb, 451 U.S. at 494-95 , 101 S.Ct. 1889 (stating that because the Court disfavors the filing of the state court record, "[the Court] [is] largely dependent on assertions made by the parties as to what that record will demonstrate concerning the manner in which a federal question was raised below”). 8 .
cited Cited "see" Martyak v. Martyak
S.D. Fla. · 2005 · signal: see · confidence high
See Id. and Feldman, 460 U.S. at 482, n. 16 , 103 S.Ct. 1303 .
discussed Cited "see" People v. Long (2×)
Mich. · 1984 · signal: see · confidence high
See Cardinale v Louisiana, 394 US 437, 438 [ 89 S Ct 1162 ; 22 L Ed 2d 398 ] (1969).
discussed Cited "see" Michigan v. Long (2×)
SCOTUS · 1983 · signal: see · confidence high
See Cardinale v. Louisiana, 394 U. S. 437, 438 (1969).
Retrieving the full opinion text from the archive…
Cardinale
v.
Louisiana
76.
Supreme Court of the United States.
Apr 1, 1969.
394 U.S. 437
1969 U.S. LEXIS 2049
Nathan Greenberg argued the cause and filed a brief for petitioner., Preston H. Hufft argued the cause for respondent. With him on the brief were Jack P. F. Gremillion, Attorney General of Louisiana, William P. Schuler, Second Assistant Attorney General, and Leander H. Perez, Jr.
White, Black, Douglas, Fortas.
Cited by 87 opinions  |  Published
5 passages pin-cited by 6 cases
Pinpoint authority: #13,922 of 633,719
Citer courts: Supreme Court of North Carolina (4) · Supreme Court (4) · Court of Appeals of North Caro… (3) · D. Puerto Rico (3)
Mr. Justice White

delivered the opinion of the Court.

Petitioner brutally murdered a woman near New Orleans, and then fled the State. He had been seen with his victim, and a warrant was issued for his arrest. In the course of his flight petitioner came to Tucson, Arizona, where he decided to surrender. He flagged down a police car and, after an interruption by the police to warn him that he need not speak, that his speech might be used against him, and that he had a right to contact an attorney, was taken to the station house where he poured out a confession. His confession was introduced in its entirety in the subsequent trial for murder in which petitioner was convicted and sentenced to death.[*438] Petitioner does not now contend that his confession was involuntary or that his admission of guilt to the Tucson police was inadmissible in evidence. He objects solely to the admission of those parts of his confession which he argues were both irrelevant and prejudicial in his trial for murder. A Louisiana statute requires that confessions must be admitted in their entirety, La. Rev. Stat. § 15:450, and petitioner contends that this is unconstitutional.

Although certiorari was granted to consider this question, the fact emerged in oral argument that the sole federal question argued here had never been raised, preserved, or passed upon in the state courts below. It was very early established that the Court will not decide federal constitutional issues raised here for the first time on review of state court decisions. In Crowell v. Randell, 10 Pet. 368 (1836), Justice Story reviewed the earlier cases commencing with Owings v. Norwood’s Lessee, 5 Cranch 344 (1809), and came to the conclusion that the Judiciary Act of 1789, c. 20, § 25, 1 Stat. 85, vested this Court with no jurisdiction unless a federal question was raised and decided in the state court below. “If both of these do not appear on the record, the appellate jurisdiction fails.” 10 Pet. 368, 391. The Court has consistently refused to decide federal constitutional issues raised here for the first time on review of state court decisions both before the Crowell opinion, Miller v. Nicholls, 4 Wheat. 311, 315 (1819), and since, e. g., Safeway Stores, Inc. v. Oklahoma Retail Grocers Assn., Inc., 360 U. S. 334, 342, n. 7 (1959); State Farm Mutual Automobile Ins. Co. v. Duel, 324 U. S. 154, 160-163 (1945); McGoldrick v. Compagnie Generale Transatlantique, 309 U. S. 430, 434-435 (1940); Whitney v. California, 274 U. S. 357, 362-363 (1927); Dewey v. Des Moines, 173 U. S. 193, 197-201 (1899); Murdock v. City of Memphis, 20 Wall. 590 (1875).

[*439] In addition to the question of jurisdiction arising under the statute controlling our power to review final judgments of state courts, 28 U. S. C. § 1257, there are sound reasons for this. Questions not raised below are those on which the record is very likely to be inadequate, since it certainly was not compiled with those questions in mind. And in a federal system it is important that state courts be given the first opportunity to consider the applicability of state statutes in light of constitutional challenge, since the statutes may be construed in a way which saves their constitutionality. Or the issue may be blocked by an adequate state ground. Even though States are not free to avoid constitutional issues on inadequate state grounds, O’Connor v. Ohio, 385 U. S. 92 (1966), they should be given the first opportunity to consider them.

In view of the petitioner’s admitted failure to raise the issue he presents here in any way below, the failure of the state court to pass on this issue, the desirability of giving the State the first opportunity to apply its statute on an adequate record, and the fact that a federal habeas remedy may remain if no state procedure for raising the issue is available to petitioner, the writ is dismissed for want of jurisdiction.

It is so ordered.

Mr. Justice Black, Mr. Justice Douglas, and Mr. Justice Fortas concur in the dismissal of the writ, believing it to have been improvidently granted.