Back to Results

DOJ-OGR-00019417.jpg

Source: IMAGES  •  Size: 669.5 KB  •  OCR Confidence: 95.0%
View Original Image

Extracted Text (OCR)

Case 20-3061, Document 60, 09/24/2020, 2938278, Page18 of 58 the collateral order doctrine, particularly when there is no serious argument that it satisfies each of the doctrine’s three requirements: Judge Nathan’s order (1) conclusively determined the disputed question, (2) it resolved an important issue completely separate from the merits of the action, and (3) it is effectively unreviewable on appeal from a final judgment. See Will, 546 U.S. at 349. In Flanagan v. United States, the Supreme Court ruled that an order disqualifying criminal counsel pretrial was not immediately appealable under the collateral order doctrine. 465 U.S. 259, 266 (1984). The Court explained that unlike an order denying a motion to reduce bail, which “becomes moot if review awaits conviction and sentence,” an order disqualifying counsel is fully remediable posttrial. Jd. Moreover, a motion to disqualify counsel is “not independent of the issues to be tried” because its “validity cannot be adequately reviewed until trial is complete.” /d. at 268. Finally, unlike an appeal of a bail decision, “‘an appeal of a disqualification order interrupts the trial,” and any delay in a criminal case “exacts a presumptively prohibitive price.” Jd. at 269. In contrast to the disqualification order at issue in Flanagan, the appeal of Judge Nathan’s order is like the appeal of an order denying a motion to reduce bail. First, this appeal will “become[] moot if review awaits conviction and sentence.” See td. at 266. Unless Ms. Maxwell is permitted to share with Judge Preska what 13 DOJ-OGR-00019417

Document Preview

DOJ-OGR-00019417.jpg

Click to view full size

Extracted Information

Dates

Document Details

Filename DOJ-OGR-00019417.jpg
File Size 669.5 KB
OCR Confidence 95.0%
Has Readable Text Yes
Text Length 1,588 characters
Indexed 2026-02-03 19:43:07.473634