A Word About Interlocutory Appeals

The majority of criminal appeals in state and federal courts are filed after sentencing and the conclusion of a criminal case. In other words, the appeals are from court orders ending or terminating a case.

Sometimes, however, a judge’s ruling may not signal the end the case, but it might substantially hamper the ability of prosecutors or the attorney for the defendant to proceed. When that happens, the law gives either party the opportunity to appeal the decision or order. For example, a pretrial order prohibiting the prosecution from offering a video into evidence might give rise to an interlocutory appeal if there is no other evidence linking the defendant to the crime.