Circuit split · criminal procedure
Whether, for the government to take an interlocutory appeal of a pretrial suppression order under 18 U.S.C. § 3731, it must prove that the suppressed evidence is actually material to the upcoming trial, or whether the prosecutor's certification of materiality suffices.
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- United States v. Grace526 F3D 499
Ninth Circuit Court of Appeals · May 15, 2008
“Two circuits — the Eighth and the Third— have expressly noted the circuit split, in which the "Ninth Circuit, apparently alone, requires the government to prove that the evidence suppressed by the district court is actually 'material' to the upcoming trial.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
18 U.S.C. § 3731 — Appeal by United States
“In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information or granting a new trial after verdict or judgment, as to any one or more counts, or any part thereof, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution. An appeal by the United States shall lie to a court of appeals from a decision or order of a district court suppressing or excluding …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Discussed · 8th Cir.Johnson228 F.3d 923
“Two circuits — the Eighth and the Third— have expressly noted the circuit split, in which the "Ninth Circuit, apparently alone, requires the government to prove that the evidence suppressed by the district court is actually 'material' to the upcoming trial." Johnson, 228 F.3d at 923 ; see Hodge, 359 F.3d at 325 n.” — United States v. Grace, acknowledging the split
- Discussed · 3d Cir.Hodge359 F.3d 325
“Two circuits — the Eighth and the Third— have expressly noted the circuit split, in which the "Ninth Circuit, apparently alone, requires the government to prove that the evidence suppressed by the district court is actually 'material' to the upcoming trial." Johnson, 228 F.3d at 923 ; see Hodge, 359 F.3d at 325 n.” — United States v. Grace, acknowledging the split
What the split turns on
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.