United States v. Bob W. Storey, A/K/A Robert W. Storey, and Robert T. Stephan

BRORBY, Circuit Judge.

The issue in this case is whether a district court order denying a motion to dismiss an indictment claiming prosecutorial misconduct is immediately appealable.

BACKGROUND

Appellants Robert T. Stephan and Bob W. Storey were indicted by a federal grand jury sitting in the District of Kansas for committing perjury and conspiring to commit perjury. The charges arose from testimony in the federal civil case Marcia Tomson v. Robert T. Stephan and Bob W. Storey, No. 85-4485-S. The essence of the perjury charge was that Appellants had falsely denied knowledge of a nondisclosure…