Senior Judge John Leete is asking the Pennsylvania Superior Court to dismiss an appeal filed by attorney Marc Nuzzo, who is facing criminal charges from a 2018 fatal crash.

Nuzzo, 43, of Wilkes-Barre and formerly of Kane, is appealing an order by Leete, who ruled on several issues related to the case. The appeal was filed by attorney James Miller, who, along with attorney Christopher Martini, represents Nuzzo.

The McKean County case is on hold pending the resolution of the appeal.

Nuzzo is charged in a two-vehicle accident that happened on Sept. 5, 2018, on U.S. Route 219. Stanley “Guy” Austin died from injuries suffered in the head-on collision, and several others were injured.

The prosecution alleges that Nuzzo caused the crash by driving south in the northbound lane while trying to pass another vehicle.

Court records indicated that Miller is asking in the appeal for reconsideration of the following: a motion to disqualify District Attorney Stephanie Vettenburg-Shaffer, a motion to quash the subpoena for Shaffer’s electronic communications, a motion for ex parte discovery and a commonwealth motion for discovery.

Leete is asking the Superior Court to dismiss the appeal and related petition.

According to a statement he filed with the Superior Court, the judge wrote that granting the appeal would require, in part, “a reconstruction of the discovery rules.” Additionally, he indicated the legal arguments in the appeal are flawed.

Leete explained in the statement that “while Nuzzo indicates correctly that there is little law on some of the points raised by Nuzzo in his various motions, the court finds Nuzzo’s arguments to be spurious and with no basis in law or fact.”

The defense’s appeal is an interlocutory appeal — one that is filed before a case is resolved — and the Superior Court ordered the defense to “show cause why this appeal should not be quashed as a premature appeal,” the appeal docket stated.

In the response to the rule to show cause filed by Miller and Martini, they state that they should be allowed to have the appeals heard by the Superior Court under the collateral order doctrine. This rule allows for immediate appeal if these three things are true: it is separate from the “main cause of action,” is too important to ignore and the ability to appeal it will be lost at the resolution of the case.

The next event date in the appeal is set for July 13. Nuzzo is free, having posted 5% of $100,000 bail.