Deaver v. States

Background

An individual was indicted for perjury after an independent counsel investigated alleged misconduct under the Ethics in Government Act. The person moved to dismiss the indictment, arguing the Act’s appointment of an independent counsel violates the separation of powers. The District Court denied that motion, and the Court of Appeals dismissed the immediate appeal because the order was not a final decision. The individual then asked a Justice of this Court to stay the scheduled criminal trial while the Court considers a petition for review.

Reasoning

The Justice explained the settled standards for granting a stay while a petition for review is pending, including assessing whether four Justices would likely take the case and predicting the outcome. He concluded there was not a fair prospect that a majority would find the lower courts had erred. The Justice relied on the statute limiting appeals to final decisions and on the long-standing policy against piecemeal appeals in criminal cases. He rejected the argument that the constitutional challenge was sufficiently collateral to justify an immediate appeal under the narrow exception in Cohen.

Real world impact

Because the stay was denied, the criminal trial is allowed to proceed on its scheduled date. The constitutional challenge to the independent-counsel statute must await the usual appellate process and can be raised after conviction if necessary. This decision is procedural, not a final ruling on the statute’s constitutionality, so the substantive question could still be decided later by the appellate courts.