John Edwards, putting the best face on a big loss, says he wants his day in court.  According to a Raleigh News & Observerarticle, the trial judge, while rejecting the motion to dismiss, “noted that some of the defense team’s arguments had merit that would be better decided at trial.”

For reasons noted in this Slate piece, I think Edwards ultimately has a good chance of prevailing on his argument.  (Rick Pildes–in an award winning post (to be featured in The Green Bag)– believes Edwards’ defense case is even stronger.)

My question for criminal procedure folks is the availability/wisdom of seeking some kind of interlocutory review of the legal question before trial in the 4th Circuit.  I know nothing on the criminal side of things, so I would welcome some education on this question.

Edwards doesn’t really want to go to trial, because jurors have reasons to hate him unrelated to his crime.  Can he avoid it through an interlocutory appeal?