Description

Yet in virtually every State there are excellent doctrinal bases to support interlocutory review. Appellate courts are generally given by statute the power to issue the prerogative writs of mandamus and prohibition. Traditionally, the writs lie to compel (in the case of mandamus) or to prohibit (in the case of prohibition) action by an inferior court that is conducting any proceeding in a manner rendered unlawful by lack of jurisdiction or gross abuse of discretion. Many pretrial rulings in criminal cases would seem susceptible of being brought within the framework of these concepts.

First Page

1385

Source Publication

Trial Manual 11 for the Defense of Criminal Cases

Source Editors/Authors

Anthony G. Amsterdam, Randy A. Hertz

Publication Date

2026

Document Type

Chapter

Edition

11

Rights & Restrictions

CC BY-NC-ND 4.0, https://creativecommons.org/licenses/by-nc-nd/4.0/

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