Costarelli v. MassachusettsAnnotate this Case
421 U.S. 193 (1975)
U.S. Supreme Court
Costarelli v. Massachusetts, 421 U.S. 193 (1975)
Costarelli v. Massachusetts
Argued March 17, 1975
Decided April 28, 1975
421 U.S. 193
After the Boston Municipal Court, in which no jury is provided, denied his motion for a jury trial on a criminal charge and that court adjudged him guilty after trial, appellant appealed, pursuant to Massachusetts' two-tier trial system, to the Superior Court where he could obtain a de novo trial with a jury. But before proceedings were had in the Superior Court, appellant appealed to this Court, claiming, inter alia, that the Sixth and Fourteenth Amendments required a jury trial in his first trial, whether in the Municipal or Superior Court.
Held: This Court has no jurisdiction over the appeal under 28 U.S.C. § 1257, since the Municipal Court's judgment is not a judgment of the highest state court in which a decision could be had, it appearing that, under Massachusetts procedure, appellant can raise his constitutional issues in Superior Court by a motion to dismiss and can obtain appellate review of an adverse decision through appeal to the Massachusetts Supreme Judicial Court. Largent v. Texas,318 U. S. 418, distinguished.
Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.