after filling a motion of discovery in a criminal court case, if denied,can you file for an appeal?

Answer 1

Generally not -- interlocutory appeals (one done in the middle of the process) are generally limited to issues that would have a fundamental impact on the course of the trial.

Since in a criminal case the prosecution is already required to provide all exculpatory evidence, the courts generally consider it unlikely to have a significant impact on trial if you don't get something that isn't directly exculpatory.

But by filing the motion you preserve your rights for appeal after the trial -- assuming you can show the lack of discovery made a difference and was not harmless error.

Answer 2

The denial may not affect the outcome of the case. However, if you lose the case, then you can appeal. At that time you can bring up the issue of the denied motion as being unfair. Until then, the judge's ruling is the decision.

Answer 3

Not that I'm aware of. If there is a trial and the Discovery still has not been provided by the prosecution, there would probably be grounds for an appeal if the defendant is found guilty.

Answer 4

sure can