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Extracted Text (OCR)
Case 20-3061, Document 82, 10/02/2020, 2944267, Page22 of 37
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judgment appeal whether publicity biased trial ju-
rors); United States v. Nelson, 277 F.3d 164, 201-04,
213 (2d Cir. 2002) (vacating conviction where district
court improperly refused to excuse potential juror who
admitted bias based upon knowledge of defendant’s
previous acquittal). Accordingly, like the protective or-
der in Caparros, the Order here will still be reviewable
on appeal after entry of final judgment.
In evaluating Maxwell’s appeal, the Court should
“not engage in an individualized jurisdictional in-
quiry,” but instead focus “on the entire category to
which a claim belongs.” Mohawk, 558 U.S. at 107. The
Order declining to modify the Protective Order is not
subject to interlocutory appeal as “[p]rotective orders
that only regulate materials exchanged between the
parties incident to litigation, like most discovery or-
ders, are neither final orders, appealable under 28
U.S.C. § 1291, nor injunctions, appealable under 28
U.S.C. § 1292(a)(1).” Pappas, 94 F.3d at 798.
Maxwell nevertheless asks this Court to engage in
an individualized jurisdictional inquiry to justify her
immediate appeal. Contrary to Maxwell’s claims, the
Order does not meet the third criterion of the standard
for identifying immediately appealable collateral or-
ders, which requires that the order being appealed
from be “effectively unreviewable on appeal from a fi-
nal judgment.” Van Cauwenberghe, 486 U.S. at 522.
She likens her claim here to an appeal of an order
denying a motion to reduce bail, arguing that her ap-
peal “will become moot if review awaits conviction and
sentence.” (Br. 13 (quotation omitted)). But that is not
so. In an order denying a motion to reduce bail, the
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Extracted Information
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Document Details
| Filename | DOJ-OGR-00019629.jpg |
| File Size | 686.6 KB |
| OCR Confidence | 95.0% |
| Has Readable Text | Yes |
| Text Length | 1,774 characters |
| Indexed | 2026-02-03 19:45:41.497477 |