§1493 Prosecution; Authorization to Seek Review; Local or Federal Appellate Courts; Decisions, Judgments or Orders

Summary

Allows a prosecutor in a U.S. territory or Commonwealth, unless local law stops it, to ask a higher court to review certain rulings. The prosecutor can appeal a trial court dismissing one or more counts (except when the Constitution’s double jeopardy rule would bar retrying), a trial court suppressing or ordering back evidence or property before the defendant is in jeopardy (if the prosecutor tells the court the appeal isn’t to delay and the evidence is important), and an unfavorable ruling by an appellate court. Appeals go to the proper local or federal appeals court, or to the U.S. Supreme Court when it applies.