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11. On which ground should the United States Supreme Court DENY the state's petition?
A state constitution provides that in every criminal trial «the accused shall have the right to confront all witnesses against him face to face.» A defendant was convicted in state court of child abuse based on testimony from a six-year-old child. The child testified while she was seated behind one-way glass, which allowed the defendant to see the child but did not allow the child to see the defendant. The defendant appealed to the state's highest court, claiming that the inability of the child to see the defendant while she testified violated both the United States Constitution and the state constitution. Without addressing the federal constitutional issue, the state's highest court reversed the defendant's conviction and ordered a new trial. The court held that «the constitution of this state is clear, and it requires that while testifying in a criminal trial, a witness must be able to see the defendant.» The state petitioned the United States Supreme Court for a writ of certiorari.
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A is incorrect. The Supreme Court may review a judgment of the highest court of a state if the state court's decision turns on a question arising under federal law. The reason the Supreme Court will deny the petition for certiorari is that the state supreme court based its decision entirely on state law.
C is incorrect. The Supreme Court would not reach the merits of the defendant's Sixth Amendment claim. As explained above, the Supreme Court may not review a judgment by the highest court of a state if that judgment is supported entirely by state law and is wholly independent of the interpretation and application of federal law. In this case, although the defendant claimed a violation of the Sixth Amendment to the U.S. Constitution, the state supreme court based its decision entirely on the state constitution without addressing the federal constitutional issue.
D is incorrect. Although the Supreme Court may only review final judgments and decrees from the highest state courts, this judgment qualifies because it finally settled the confrontation issue. That issue would not arise again on re-trial, and thus, the present petition provided the U.S. Supreme Court its only opportunity to review the confrontation issue. The reason the Supreme Court will deny the petition for certiorari is that the state supreme court based its decision entirely on state law.