Key legal question
Whether the public-law appeal against refusal to replace appointed defense counsel was admissible under Art. 87 OJ
Extracted holding
The refusal to change appointed counsel was an incidental criminal procedural decision and did not cause irreparable legal prejudice to the accused.
Extracted reasoning
Under Art. 87(2) OJ, only incidental decisions causing irreparable prejudice may be challenged immediately. A denial of counsel substitution is merely an intermediate step in the criminal proceedings; any harm to the accused could still be removed by a favorable final judgment.