Interlocutory criminal appeals
October 13, 2004
An appellate court does not have jurisdiction to hear a juvenile's challenging a violation of his rights under the Juvenile Delinquency Act’s speedy trial provision. United States v. Branden, No. 03-10646 (9th Cir., Oct. 13, 2004).
The Supreme Court has established a three-part test to determine whether an interlocutory appeal should be allowed. An order before final judgment may be appealed if: (1) it completely disposes of the issue in question; (2) it is totally unrelated to the merits of the case; and (3) the right asserted would be irreparably lost if the appeal were delayed until after final judgment.In United States v. MacDonald, the Supreme Court decided that an order denying a motion to dismiss because of an alleged violation of the sixth amendment right to a speedy trial is not a proper subject of an interlocutory appeal [because] the right being asserted by the defendant would not be irreparably lost if review was not ermitted until a final judgment had been entered.