Deaver v. States

Background

A person indicted for perjury after an independent counsel’s investigation under the Ethics in Government Act asked to stop his upcoming criminal trial while the Supreme Court considers his challenge to that law. He had moved to dismiss the charges, arguing the appointment of an independent counsel violated separation of powers. The District Court denied the motion, and the Court of Appeals dismissed the immediate appeal as not a final decision, so he petitioned this Court and asked a Circuit Justice to stay the trial.

Reasoning

The Circuit Justice evaluated whether four Justices would likely agree to review the case, weighed the equities, and considered how the case might ultimately be decided. He concluded there was not a fair prospect a majority would find the lower courts erred because the District Court’s order did not end the litigation and therefore was not a final decision under the statute limiting appeals. The Justice rejected applying the narrow exception for truly collateral issues and stressed the policy against piecemeal appeals in criminal cases. He noted the defendant can raise the constitutional claim on appeal if and when convicted.

Real world impact

The ruling means the scheduled trial will go forward and the defendant cannot use the Supreme Court’s review to delay criminal proceedings at this stage. Constitutional questions about the independent-counsel law must generally wait until there is a final judgment, so defendants in similar situations should expect trials to proceed unless a lower court issues a final decision stopping the case.