Collateral order doctrine does not permit review of interlocutory appeal of district court’s refusal to permit religious freedom defense in drug trial
APPEAL United States v. Quaintance, No. 07-2137, ___ F.3d ___ (10th Cir. Apr. 15, 2008)(New Mexico). Appeal of district court’s order denying dismissal of indictment and granting government’s motion prohibiting defendants from raising defense that Controlled Substances Act constituted substantial burden on their their exercise of religion in violation of Religious Freedom Restoration Act. HELD: Defendants’ appeals are not appeals from final order and are therefore interlocutory in nature and must satisfy requirements of collateral order doctrine. Rights asserted in this appeal can be vindicated by appellate review after district court has entered final judgment. District court’s orders denying dismissal of indictment and granting government’s motion are therefore not reviewable under collateral order doctrine. Read the opinion here. |
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