Do you try criminal cases before juries? If so, read the Pennsylvania Supreme Court’s decision in Commonwealth v. Wardlow. The Court held that Pa.R.A.P. 311(a)(6) affords an interlocutory appeal as of right exclusively from orders that award a new trial. A new trial is awarded only when a trial court grants a party’s motion for a new trial. When the new trial flows from the declaration of a mistrial, ex. a deadlocked jury, the court has not awarded a new trial.
