Whitehead, familiar with the legal standard for an interlocutory appeal, denied the request, over Limbaugh’s protests.
In an opinion issued earlier this week, the court said Limbaugh had not shown that there was any reason for the court to act on his pretrial appeal. Limbaugh, like any other defendant convicted of a crime, has the right to raise all legal issues, such as the denial of the motion to dismiss, during his appeal after a verdict.
“It is incumbent on Limbaugh, as the appellant, to demonstrate that ‘review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means,’” the court said in its ruling, quoting from the court’s procedural rules. “He has not made such a showing.”
“There is no reason Limbaugh cannot obtain the relief he seeks, if warranted, in his direct appeal,” the court said.
Courts reporter Julie Manganis can be reached at 978-338-2521, via email at email@example.com or on Twitter @SNJulieManganis.