Geo Group, Inc. v. Menocal · ¶23
And that divergence—in whether the defendant possesses a right not to stand trial—matters for the third Cohen condition. Again, that condition states that a non-terminal order may be appealed when issued only if it is “effectively unreviewable on appeal from a final judgment.” Van Cauwen berghe, 486 U. S., at 522; see supra, at 444. For that to be true, we have explained, the order must involve a right that “would be irretrievably lost absent an immediate appeal.” Van Cauwenberghe, 486 U. S., at 524. The right to avoid trial fts that description. It is irretrievably lost once trial occurs, even supposing the defendant were to prevail on the merits. And so, in the ordinary case, the denial of an immunity is immediately appealable. See ibid.; Abney, 431 U. S., at 659–660. But the right to a finding of non-liability stands on a different footing: It can be effectively vindicated after a…Read in context ›
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