Is a motion to dismiss an indictment based on alleged prosecutorial misconduct before the grand jury properly appealed?
MultiRegion, United States of America
The following excerpt is from U.S. v. Sehnal, 865 F.2d 266 (9th Cir. 1988):
The denial of a motion to dismiss an indictment based on alleged prosecutorial misconduct before the grand jury is properly appealed as an interlocutory order under 28 U.S.C. Sec. 1292 and the collateral order doctrine. United States v. Dederich, 825 F.2d 1317, 1319-20 (9th Cir.1987).
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