Summary
U. S. Supreme Court dismissed the case as improvidently granted, leaving undecided the issue of when a state court's holding that a party had failed to properly preserve his federal claim could also preclude federal court review of the question. CJLF filed a brief in Philip Morris because this question often arises in federal court review of state criminal convictions. The Oregon Supreme Court held that Philip Morris lost its federal claim of excessive damages by not using a state procedure required to preserve its claim. Philip Morris claimed the state rule departed from the state's previous rulings on the rule, and could not be used to block a federal claim. The Foundation had asked the Court to define a clear standard to apply in this confused area of law, but the Court did not use this opportunity. [CJLF brief in PDF.]
