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Commonwealth v. Montgomery

Where order of Common Pleas Court reversed a Municipal Court order setting out specific instructions for a pretrial line-up, appeal quashed as interlocutory; collateral order doctrine was not implicated because issue did not involve a right that would be lost if review were postponed.

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OPINION

� 1 In this appeal, we are asked whether the collateral order doctrine permits us to review an order of the Common Pleas Court that reversed a Municipal Court order setting out specific instructions for a pretrial line-up. We conclude that the collateral order doctrine is not implicated under these circumstances and so quash the appeal as interlocutory.

� 2 The apparent trigger for the controversy in this pretrial appeal is a research report published by the United States Department of Justice in October 1999 and entitled “Eyewitness Evidence, A Guide for Law Enforcement” (hereinafter “Report”). The Report, as generated by the National Institute of Justice (NIJ), has the “primary purpose of recommending [the] best practices and procedures for the criminal justice community to employ in investigations involving eyewitnesses.” Report at 3.

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