v.
High
Court of
Appellate Division
AP No. 08-00
AP No. 10-00
December 13, 2000
[1] The High Court has jurisdiction to review only the “final decisions” of the District Court.
[2] A pre-trial or interlocutory order is final if it resolves an issue separate and distinct from the question of guilt or innocence.
[3] In order to be appealable under the collateral order exception, a pre-trial or interlocutory order must: (1) conclusively resolve the disputed question; (2) resolve an important issue completely separate from the merits of the action; and (3) be effectively unreviewable on appeal from the final judgment in the main case.
[4]
Pre-trial orders denying bail reduction, denying dismissal of an indictment on
double jeopardy grounds, or denying dismissal of an indictment on speech or
debate grounds all involve an asserted right, the legal and practical value of
which would be destroyed if not resolved before trial, and are therefore
directly appealable. [4ASR3d36]
[5] The District Court’s pre-trial order dening a defendant’s right to a jury trial is not a “final” order which may be appealed at that time, and thus the Appellate Court is without jurisdicion to review the matter unless and until a final decision is reached at the District Court level.
Before KRUSE, Chief Justice, RICHMOND, Associate Justice, ATIULAGI, Associate Judge, and SAGAPOLUTELE, Associate Judge.
Counsel: For Appellants, Curtis E. Sherwood, Assistant Public Defender
For Appellee, Fainu`ulelei L.F. Ala`ilima-Utu, Assistant
Attorney General
ORDER DENYING MOTION FOR STAY AND
DISMISSING INTERLOCUTORY APPEAL
Both Appellants Petelo Lafaele (“Lafaele”) and Eti Noa (“Noa”) (together “Appellants”) are awaiting trial in District Court for Class A Misdemeanor offenses, which are punishable by up to one year in jail and/or a $1000 fine. They each requested a jury trial. The District Court, in a written pre-trial order dated July 13, 2000, denied Lafaele’s request on the premise that Lafaele had neither a constitutional nor statutory right to trial by jury. On August 18, 2000, the District Court, for the same reasons, denied Noa’s motion.
Appellants move this Court for a stay of their bench trials pending their appeal of the District Court’s pre-trial orders denying their asserted right to be tried by a jury.
[1] The High Court has jurisdiction to review only the “final decisions” of the District Court. A.S.C.A. § 3.0309. The question arising here is whether the District Court’s pre-trial orders denying Appellants’ asserted right to a jury trial is “final” within the meaning of A.S.C.A. § 3.0309.
[2-3] We have held that a pre-trial or interlocutory order is final if it falls within the collateral order exception; that is, the order resolves an issue separate and distinct from the question of guilt or innocence. Kim v. Am. Samoa Gov’t, 17 A.S.R.2d 193, 195 (App. Div. 1990). A pre-trial or interlocutory order within the collateral order exception must
(1)
conclusively resolve the disputed question; (2) resolve an important issue
completely separate from the merits of the action; and (3) be effectively
unreviewable on appeal from the final judgment in the main case. [4ASR3d37]
[4]
In Flanagan v. United States, 465 U.S. 259 (1984), the Supreme Court
held that a pre-trial order disqualifying counsel does not fall within the
collateral order exception to the finality rule. The Court reasoned, that like virtually all
rights of criminal defendants, the right not to have counsel disqualified is
merely a right not to be convicted in certain circumstances and not a right not
to be tried.
The denial of an alleged right to a jury trial is not analogous to the denial of bail reduction, an indictment dismissed on double jeopardy,[1] or speech or debate grounds. Rather, akin to the right not to have counsel disqualified, the asserted right to a jury trial is merely a right not to be convicted in certain circumstances. Furthermore, the District Court’s pre-trial orders denying Appellants’ jury trial requests are not “effectively unreviewable” as Appellants are not precluded from raising their claims subsequent to final judgment.
[5] Therefore, we hold that the District Court’s pre-trial orders denying Appellants’ requests for a jury trial are not collateral issues within our jurisdiction. To hold otherwise would invite piecemeal appellate review not contemplated by the Legislature’s statutory restriction that we review only “final decisions” of the District Court. A.S.C.A. § 3.0309; see also
Flanagan,
465
Since we are without jurisdiction to review this matter, Appellants’ motion for a stay should be denied, and their interlocutory appeals should be dismissed. Accordingly, appellants’ motions to stay their bench trials are hereby denied and Appellants’ interlocutory appeals are dismissed.
It
is so ordered. [4ASR3d38]
[1] Appellants misread Abney v. United States,
431 U.S. 651 (1977) for the broad proposition that Appellants’ right against
double jeopardy protects them from being tried by judge, and subjected to a
second trial by jury. In Abney the
lower court’s pre-trial order denied dismissal of an indictment on double
jeopardy grounds, an asserted right which if denied interlocutory review and
the case allowed to go to trial would be effectively unreviewable upon final
judgment. In this case, the double
jeopardy clause does not preclude appellants’ re-trials after successful bench
trial convictions.