Is an order granting a new trial after a jury verdict of guilty not appealable prior to a retrial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Atwell, 681 F.2d 593 (9th Cir. 1982):
This conclusion is consistent with our recent holding in United States v. Dior, 671 F.2d 351 (CA9 1982). There, we held that an order granting a new trial after a jury verdict of guilty was not appealable prior to retrial. Noting that the final decision rule applies in criminal as well as civil cases, we stated that "(f)inal judgment in a criminal case means sentence. The sentence is the judgment." Id. at 354.
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