48 U.S.C. § 1493

Prosecution; authorization to seek review; local or Federal appellate courts; decisions, judgments or orders

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The prosecution in a territory or Commonwealth is authorized—unless precluded by local law—to seek review or other suitable relief in the appropriate local or Federal appellate court, or, where applicable, in the Supreme Court of the United States from—(a) a decision, judgment, or order of a trial court dismissing an indictment or information as to any one or more counts, except that no review shall lie where the constitutional prohibition against double jeopardy would further prosecution;(b) a decision or order of a trial court suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the prosecution certifies to the trial court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding; and(c) an adverse decision, judgment, or order of an appellate court.(Pub. L. 98–454, title X, § 1003, Oct. 5, 1984, 98 Stat. 1746.)Statutory Notes and Related SubsidiariesEffective Date

Section effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as an Effective Date of 1984 Amendment note under section 1424 of this title.

Notes of Decisions

Cited in 16 cases (1 in the last 5 years), 1987–2021 · leading case: Gov't of the Virgin Islands v. Jamel Rivera, 333 F.3d 143 (3rd Cir. 2003).

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Gov't of the Virgin Islands v. Jamel Rivera, 333 F.3d 143 (3rd Cir. 2003). · cites it 19× “Here, the Government of the Virgin Islands asserts that its authority to appeal is supplied by 48 U.S.C. § 1493 (c). The statute provides, “The prosecution in a territory .”

Gov't of the Virgin Islands v. Paul Mills, Gov't of the Virgin Islands v. Lynn Smith, 935 F.2d 591 (3rd Cir. 1991). · cites it 16× “The version of Section 3731 in effect since 1984, when viewed by itself, clearly appears to provide jurisdiction for the present appeals.”

Gov't of the Virgin Islands v. Fonseca, 274 F.3d 760 (3rd Cir. 2001). · cites it 3× “They note that 48 U.S.C. § 1493 — authorizing appeals from prosecutions in a territory — does not authorize the government to appeal a grant of a new trial in a criminal case.”

Gov't of the Virgin Islands v. Jareem Fahie, 419 F.3d 249 (3rd Cir. 2005). “Jurisdiction and Standard of Review The District Court had jurisdiction over the Government’s appeal pursuant to 48 U.S.C. § 1493 . We exercise jurisdiction over this appeal under 28 U.”

The People of the Territory of Guam v. Amelita T. Estrebor, 848 F.2d 1014 (9th Cir. 1988). · cites it 3× “48 U.S.C.A. § 1493 (c) (Supp.1987), enacted after Okada , authorizes the prosecution in a territory to seek review of an adverse decision of an appellate court, and 48 U.”

Gov't of the Virgin Islands v. Zacchaeas Blake Leon Nisbett, 118 F.3d 972 (3rd Cir. 1997). · cites it 2× “6 For this reason we also reject the government's argument that an appeal lies under 48 U.S.C. § 1493 (a). Nor was an appeal available under subsection (b) because the order of trial court was made "after the defendant had been put in jeopardy.”

Gov't of Virgin Islands v. Briggs, 155 F. Supp. 2d 455 (D.V.I. 2001). · cites it 6× “In its opposition to the appellee’s motion to dismiss, the government cites 48 U.S.C. § 1493 as giving it the authority to appeal in this instance.”

People of the Territory of Guam v. Frankie Agualo Ulloa, 903 F.2d 1283 (9th Cir. 1990). · cites it 2× “20 have been preempted by 48 U.S.C. § 1493 . 6 The government of Guam concedes that § 1493 does not authorize it to appeal in this case, but contends that § 1493 does not operate to preempt any portion of § 130.”

People of Guam v. Gerald Wayne Cruz II aka Gerard Wayne Cruz II, 2021 Guam 10 (Guam 2021). “Following dismissal of the Animal Cruelty offenses, the People timely appealed.”

Gov't of the Virgin Islands v. Douglas, 812 F.2d 822 (3rd Cir. 1987). “48 U.S.C. § 1493 (Supp. II 1984). . Other circuits have concluded that sentencing orders are appealable by the government pursuant to § 3731.”

Govt of VI v. Rivera (3rd Cir. 2003). · cites it 19× “Here, the Government of the Virgin Islands asserts that its authority to appeal is supplied by 48 U.S.C. § 1493 (c). The statute provides, “The prosecution in a territory .”

Territory of Guam v. Borja, 983 F.2d 914 (9th Cir. 1992). “Therefore the Appellate Division’s decisions are final and appealable, and this court has jurisdiction.”

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— 48 U.S.C. § 1493(b) — 2 cases

Gov't of the Virgin Islands v. Zacchaeas Blake Leon Nisbett, 118 F.3d 972 (3rd Cir. 1997). “6 For this reason we also reject the government's argument that an appeal lies under 48 U.S.C. § 1493 (a). Nor was an appeal available under subsection (b) because the order of trial court was made "after the defendant had been put in jeopardy.”

Govt of V.I. v. Blake (3rd Cir. 1997).

— 48 U.S.C. § 1493(c) — 2 cases

Gov't of the Virgin Islands v. Jamel Rivera, 333 F.3d 143 (3rd Cir. 2003). “Here, the Government of the Virgin Islands asserts that its authority to appeal is supplied by 48 U.S.C. § 1493 (c). The statute provides, “The prosecution in a territory .”

Govt of VI v. Rivera (3rd Cir. 2003). “Here, the Government of the Virgin Islands asserts that its authority to appeal is supplied by 48 U.S.C. § 1493 (c). The statute provides, “The prosecution in a territory .”

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