United States v. Braman

This case comes to us on a petition for a writ of mandamus by the government following the grant of a new trial to one of the defendants in a murder conspiracy case on grounds which the government asserts were not raised by that defendant’s new trial motion. After review of the record before us we conclude the trial court’s action was the grant of a new trial on grounds of prejudicial joinder, a nonap-pealable order and beyond our reach at this time unless, as the government contends, the court did not have jurisdiction so to’ act.

Preliminarily, we note that it is only in very exceptional…