DOJ-OGR-00019416.jpg
Extracted Text (OCR)
Case 20-3061, Document 60, 09/24/2020, 2938278, Page17 of 58
civil case was on appeal and pending before this Court.* Brown v. Maxwell, No. 18-
2868. All Ms. Maxwell asks is for permission to share, under seal, the relevant facts
with another Article ITI judge.
The government argues there is no jurisdiction for this Court to consider this
appeal. Doc. 37. Quoting Midland Asphalt Corp. v. United States, the government
says the collateral order doctrine must be interpreted “with the utmost strictness in
criminal cases.” 489 U.S. 794, 799 (1989) (quoting Flanagan v. United States, 465
U.S. 259, 265 (1984)). Doc. 37 at 8. According to the government, in criminal cases
the doctrine applies only to orders denying a bond, orders denying a motion to
dismiss on double jeopardy ground, orders denying a motion to dismiss under the
Speech and Debate Clause, and orders permitting the forced administration of
antipsychotic drugs to render a defendant competent for trial. Doc. 37 at 9. The
government is wrong.
To be sure, this appeal does not concern one of the four types of orders
identified by the government. But that doesn’t mean the appeal isn’t proper under
3 The Miami Herald filed its notice of appeal in Brown v. Maxwell, No. 18-
2868 (2d Cir.), on September 26, 2018, and this Court issued its decision on July 3,
2019, Brown v. Maxwell, 929 F.3d 41 (2d Cir.2019).
DOJ-OGR-00019416
Extracted Information
Document Details
| Filename | DOJ-OGR-00019416.jpg |
| File Size | 637.4 KB |
| OCR Confidence | 94.0% |
| Has Readable Text | Yes |
| Text Length | 1,399 characters |
| Indexed | 2026-02-03 19:43:07.343952 |