Opinion
No. 80-7028.
January 14, 1980.
Powell, Goldstein, Frazer Murphy, Atlanta, Ga., Janis, Schuelke Wechsler, Washington, D.C., for petitioner.
Marvin R. Loewy, U.S. Dept. of Justice, Washington, D.C., for Dept. of Justice.
On Petition for Writ of Mandamus to the United States District Court for the Northern District of Georgia; Charles J. Moye, Jr., Chief Judge.
Before GOLDBERG, RUBIN and POLITZ, Circuit Judges.
Appellate Review of the conduct of criminal proceedings should usually be postponed until after final judgment has been rendered by the trial court. See Will v. United States, 389 U.S. 90, 96, 88 S.Ct. 269, 274, 19 L.Ed.2d 305, 310 (1967) (in which review was sought by the government); cf. Helstoski v. Meanor, 442 U.S. 500, 99 S.Ct. 2445, 61 L.Ed.2d 30 (1979) (denying a writ of mandamus to a defendant who had a remedy by appeal).
All parties agree that there is no precedent for staying the trial. Having carefully considered the motion and the consequences of granting as well as those of denying it, both in the present case and as a precedent for this circuit, we conclude that it should be DENIED.