Whether a defendant in a capital case has a Fourteenth Amendment due process right to take an interlocutory appeal of a trial court's discovery order that will result in the total consumption of the evidence and preclude any testing by the defendant, particularly when there is a state-created right to take an interlocutory appeal from pretrial orders that finally determine a matter ancillary to the trial

QUESTION PRESENTED When a trial court's discovery order regarding scientific testing of evidence will result in the total consumption of the evidence and thus preclude any testing by a defendant in a capital case, does Fourteenth Amendment due process guarantee a defendant the right to take an interlocutory appeal of that decision, particularly when there is a state-created right to take an interlocutory appeal from pretrial orders that finally determine a matter that is ancillary to the action on trial and from which there is no meaningful post-trial appeal? ii