Duke v. State

Summary

The Court dismissed Duke’s application for interlocutory appeal because the trial court had not issued the certificate of immediate review required for an interlocutory appeal and the challenged order was neither a final judgment nor a collateral order. The Court held that statutory appellate prerequisites are jurisdictional and overruled the prior decision insofar as it allowed the appellate court to bypass the certificate requirement. The Court concluded that appellate courts may excuse statutory requirements only when necessary to avoid or remedy a colorable violation of federal or state constitutional rights.