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48 U.S.C. § 1493 — Prosecution; authorization to seek review; local or Federal appellate courts; decisions, judgments or orders

submitted 42 years ago by Pub. L. 98-454 to r/title-48-TERRITORIES-AND-INSULAR-POSSESSIONS · 167 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section authorizes a territory or commonwealth prosecutor to seek appellate or Supreme Court review of specified criminal-court decisions, unless local law bars it. It includes safeguards for double jeopardy and delayed appeals.

Unless local law prevents it, the prosecutor in a territory or commonwealth may seek review or other suitable relief in the proper local or federal appellate court, or when applicable the United States Supreme Court, from—(a) a trial-court decision, judgment, or order dismissing one or more indictment or information counts, unless double jeopardy would bar further prosecution; (b) a trial-court decision or order suppressing or excluding evidence or requiring return of seized property in a criminal case, if it was not made after the defendant was placed in jeopardy and before the verdict or finding, and the prosecutor certifies that the appeal is not for delay and that the evidence substantially proves a material fact; or (c) an adverse appellate-court decision, judgment, or order.

the actual law source: uscode.house.gov ↗public domain

The prosecution in a territory or Commonwealth is authorized—unless precluded by local law—to seek review or other suitable relief in the appropriate local or Federal appellate court, or, where applicable, in the Supreme Court of the United States from—

(a)

a decision, judgment, or order of a trial court dismissing an indictment or information as to any one or more counts, except that no review shall lie where the constitutional prohibition against double jeopardy would further prosecution;

(b)

a decision or order of a trial court suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the prosecution certifies to the trial court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding; and

(c)

an adverse decision, judgment, or order of an appellate court.

Source credit: (Pub. L. 98–454, title X, § 1003, Oct. 5, 1984, 98 Stat. 1746.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-454 · 98 Stat. 1746

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-454 on 1984-10-05.

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