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Costarelli v. Massachusetts, 421 U.S. 193 (1975)

Costarelli v. Massachusetts

No. 73-6739

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.

Appeal dismissed.

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