Held: The Pennsylvania Supreme Court's judgment --
denying a petition for a writ of prohibition with regard to
respondent's orders in a criminal trial prohibiting the publishing
of the jurors' names and addresses; the sketching, photographing,
televising, and videotaping of the jurors during the proceedings;
and the handling of trial exhibits without court permission -- is
vacated, and the cause is remanded for clarification of the record,
which does not disclose whether the Pennsylvania Supreme Court
passed on petitioners' federal constitutional claims or denied
their petition on an adequate and independent state ground.
Certiorari granted; vacated and remanded.
PER CURIAM.
The proceedings below were brought to challenge an order by
respondent who, in a criminal trial, barred the press and public
from publishing the names and addresses of jurors. Respondent also
prohibited the parties from sketching, photographing, televising,
and videotaping the jurors during their service in the criminal
proceedings, and from handling trial exhibits without permission of
the court. Petitioners filed a petition for a writ of prohibition
with the Supreme Court of Pennsylvania. However, it was denied
without opinion. Petitioners, arguing that they have been denied
their federal constitutional rights, now urge us to grant
certiorari.
As matters now stand, the record does not disclose whether the
Supreme Court of Pennsylvania passed on petitioners' federal claims
or whether it denied their petition for a writ of prohibition on an
adequate and independent state ground. For this reason, we grant
the petition for writ of
Page 466 U. S. 379
certiorari, vacate the judgment of the Supreme Court of
Pennsylvania, and remand the cause to that court for such further
proceedings as it may deem appropriate to clarify the record.
See Philadelphia Newspapers, Inc. v. Jerome, 434 U.
S. 241 (1978) (per curiam);
California v.
Krivda, 409 U. S. 33 (1972)
(per curiam).
So ordered.
