Pierre C. Marc v. United States
1- IS AN APPEAL OF A COLLATERAL ORDER THAT IS BASED ON DEFENDANT'S RIGHT NOT TO BE TRIED IS
RE VIEWABLE UNDER THE COLLATERAL ORDER DOCTRINE, PURSUANT TO U.S. SUPREME COURT'S AUTHORITY:
"Flanagan, supra, at 265-267, 104 S. Ct. 1051,79 L. Ed. 2d 288?"
2- CAN A DEFENDANT TAKE AN IMMEDIATE APPEAL FROM THE DENIAL OF A PRE-TRIAL MOTION WHEN THE RIGHT
AT ISSUE IS PROPERLY UNDERSTOOD TO BE A RIGHT NOT TO BE TRIED, PURSUANT TO U.S. SUPREME COURT'S
AUTHORITY: "Abney v. United States, 431 U.S. 651,662, 97 S. Ct. 2034, 52 L. Ed. 2d 651 (1977)?"
3- IF THE DEFENDANT'S CLAIMS ARE "FRAUD ON THE COURT AND PROCEDURAL DUE PROCESS VIOLATION," CAN
HE REASONABLY CLAIM A RIGHT NOT TO STAND TRIAL, PURSUANT TO: "Cauwenberghe v. Biard, 486 U.S. 517, 524, 108
S. Ct. 1945, 100 L. Ed. 2d 517 (1988)?"
Whether an appeal of a collateral order based on a defendant's right not to be tried is reviewable under the Collateral Order Doctrine