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

Summary

Prosecutors in a U.S. territory or Commonwealth may ask a higher court to review certain court rulings, unless local law says they cannot. They can go to the right local or federal appeals court, or to the U.S. Supreme Court when it's allowed. They may seek review when a trial judge throws out one or more charges (unless the Constitution’s double-jeopardy rule prevents more prosecution), when a judge bars or excludes important evidence or orders return of seized property (unless that order was made after the defendant was put in jeopardy and before a verdict, and only if the prosecutor certifies the appeal is not for delay and the evidence is substantial proof of a material fact), and when an appellate court has issued an adverse ruling.