Yes, he should, as the judge’s decision already lays out their guilt, setting the stage for perhaps a harsher penalty on appeal.
However, according to legal experts on TV this morning, McAfee would have to approve the appeal, so the right to appeal plea must go to him first.
He would be smart to approve it, as it protects him somewhat from the political fallout should the appeals court want a stricter punishment of Willis, as well as removing the option for Trump to appeal over it, later, if the appeals court rules in her favor.
But the case against Trump in this trial has been severely damaged so long as Willis remains the prosecutor, no matter what happens to Wade.
The allegations are not detailed enough in terms of sufficiently specifying "the underlying felony solicited," he indicated.
McAfee noted that the prosecution could seek a re-indictment "supplementing these six counts." Even if the statute of limitations has expired, the state receives a six-month extension from the date of McAfee's order to resubmit the case to a grand jury.
So, the prosecutors can refile the charges with greater detail or appeal McAfee's decision altogether.
Judge McAfee also denied the defendants' request to dismiss the indictment--a widely expected outcome.
"There has not been a showing that the Defendants’ due process rights have been violated or that the issues involved prejudiced the Defendants in any way," McAfee writes. pic.twitter.com/T4uWQrBGBe— Anna Bower (@AnnaBower) March 15, 2024
Different states have different appellate rules - some places for example allow appeals only after a trial court’s case is concluded. Some permit them of any order. It sounds like Georgia is kind of in between the two, requiring the judge’s permission to appeal as the case is in progress.
Also I can’t speak to Georgia’s standards on appeal, but in New York an appeal like this, which doesn’t go to the merits of the case, is reviewed on appeal only for abuse of discretion - a very difficult bar to meet. Under such a standard an appeals court can believe the trial court to be wrong and still affirm the decision.