Cite as: 514 U. S. 35 (1995)
Opinion of the Court
Two decisions of this Court securely support the conclusion that the Eleventh Circuit lacked jurisdiction instantly to review the denial of the county commission's summary judgment motion: Abney v. United States, 431 U. S. 651 (1977), and United States v. Stanley, 483 U. S. 669 (1987). In Abney, we permitted appeal before trial of an order denying a motion to dismiss an indictment on double jeopardy grounds. Immediate appeal of that ruling, we held, fit within the Cohen collateral order doctrine. 431 U. S., at 662. But we further held that the Court of Appeals lacked authority to review simultaneously the trial court's rejection of the defendant's challenge to the sufficiency of the indictment. Id., at 662-663. We explained:
"Our conclusion that a defendant may seek immediate appellate review of a district court's rejection of his double jeopardy claim is based on the special considerations permeating claims of that nature which justify a departure from the normal rule of finality. Quite obviously, such considerations do not extend beyond the claim of formal jeopardy and encompass other claims presented to, and rejected by, the district court in passing on the accused's motion to dismiss. Rather, such claims are appealable if, and only if, they too fall within Cohen's collateral-order exception to the final-judgment rule. Any other rule would encourage criminal defendants to seek review of, or assert, frivolous double jeopardy claims in order to bring more serious, but otherwise nonappealable questions to the attention of the courts of appeals prior to conviction and sentence." Id., at 663 (citation omitted).
Petitioners suggest that Abney should control in criminal cases only. Supplemental Brief for Petitioners 11. But the concern expressed in Abney—that a rule loosely allowing pendent appellate jurisdiction would encourage parties to
tal jurisdiction" over "claims that involve the joinder or intervention of additional parties").
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