Constitutional Law - The Appealability of Collateral Orders and the Search for Consistency in Double Jeopardy Analysis
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Authors
Kirby, Robert J.
Issue Date
1985
Volume
18
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The United States Supreme Court confronted two major issues in Richardson v. United States. The first issue, a condition precedent to the second, was whether the court of appeals had denied improperly jurisdiction of an interlocutory appeal under 28 U.S.C. section. This procedural issue required the Court to determine whether there was a final decision from which an appeal could be|taken or whether a denial of a motion could be appealed under the collateral order doctrine as an exception to the final decision rule. Second, after holding that the court of appeals erroneously denied jurisdiction, the Court considered the substantive issue passed upon...
Description
Citation
18 Creighton L. Rev. 877 (1984-1985)
Publisher
Creighton University School of Law