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Costarelli v. Massachusetts, 421 U.S. 193 (1975)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
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
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.
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Chicago: U.S. Supreme Court, "Syllabus," Costarelli v. Massachusetts, 421 U.S. 193 (1975) in 421 U.S. 193 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=M351831NKWENE8T.
MLA: U.S. Supreme Court. "Syllabus." Costarelli v. Massachusetts, 421 U.S. 193 (1975), in 421 U.S. 193, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=M351831NKWENE8T.
Harvard: U.S. Supreme Court, 'Syllabus' in Costarelli v. Massachusetts, 421 U.S. 193 (1975). cited in 1975, 421 U.S. 193. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=M351831NKWENE8T.
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