Trial dates are generally not appealable. And criminal defendants can’t challenge most other pre-trial decisions until the trial is finished.
rejected as far too long to wait. Prosecutors had suggested a January trial date.
So, for example, if a defendant faced double jeopardy — being tried twice for the same alleged crime — an appeals court might intervene.“It’s sort of like an instant video replay for a court case, because it halts the play and puts it to a higher authority,” Small said. “But for that reason, it’s pretty limited.”Trump’s lawyer, John Lauro, told Chutkan at the Aug. 28 hearing that the former president’s legal team is preparing a slew of them.
“There’s a very small class of matters that can be taken up on an interlocutory basis, and in this case, immunity is something that may merit an interlocutory appeal, because immunity is immunity from prosecution altogether,” McNamara said. In other words, if someone has immunity, they have immunity not just from being convicted of a crime, but from being prosecuted and put on trial.
A writ of mandamus is meant to be used only in cases where a trial judge has made a ruling so egregiously against judicial practice that lawyers on the case and higher courts think it has to be fixed immediately.
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