Important and Irreversible but Maybe Not Unreviewable : The Dilemma of Protecting Defendants\u27 Rights Through the Collateral Order Doctrine

Abstract

DR. CHARLES SELL has spent the last five years confined to a federal psychiatric facility awaiting trial for charges of Medicaid fraud and money laundering, a trial he is not competent to undergo at present because he suffers from delusional disorder, persecutory subtype, a rare psychological condition.1 His confinement has exceeded his possible imprisonment under the federal sentencing guidelines. Why does Dr. Sell continue to wait for a trial that may never happen