Summarize the relevant rules governing an appeal before and after adjudication

Question

What will be an ideal response?

Answer 1

Appeals are generally governed by the final judgment rule, which generally limits appeals until the court hands down its final judgment as to the defendant's guilt. However, in very limited circumstances, a defendant may file an interlocutory appeal—an appeal filed prior to adjudication. This type of appeal is governed by a complex and confusing body of case law. In simple terms, though, an interlocutory appeal will be permitted only if it is an issue that is important enough to determine the outcome, but is not directly related to the merits of the case.

Compared to interlocutory appeals, appeals filed after adjudication are subject to few restrictions. Indeed, there appear to be few Supreme Court cases addressing the right to file postadjudication appeals. Nonetheless, it is important to understand that postadjudication appeals are almost limitless in terms of their possible substance. Nearly anything from the trial (as recorded in the transcripts) that the defense perceives to be in error can be appealed.