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

APPEAL FROM THE MUNICIPAL COURT OF THE

CITY OF BOSTON, MASSACHUSETTS

Syllabus

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.