Commonwealth v. Bailey

KELLER, Justice.

I. ISSUE

After a jury found Appellee guilty of a felony offense, the trial court granted him a new trial. The Commonwealth appealed from the trial court’s new trial order and asked the Court of Appeals to reinstate the jury’s verdict. The Court of Appeals held that the Commonwealth could not obtain the relief it requested because the Commonwealth could appeal from a new trial order only for the purpose of certifying the law. Accordingly, the Court of Appeals declined to review the circuit court’s order and dismissed the Commonwealth’s appeal. Is the Commonwealth’s appeal from…