§1493 Prosecution; authorization to seek review; local or Federal appellate courts; decisions, judgments or orders

Summary

A prosecutor in a U.S. territory or Commonwealth may ask a higher court — a local or federal appeals court, or the U.S. Supreme Court if applicable — to review certain court rulings, unless local law stops them. They can seek review when a judge drops one or more counts of an indictment (unless retrying would violate the rule against trying someone twice), when evidence is excluded or seized property must be returned (unless the order came after the defendant was put in jeopardy and before the verdict, and only if the prosecutor certifies the appeal is not for delay and the evidence is important), and when an appellate court hands down an unfavorable decision.