In the Matter of Federal Grand Jury Investigation of Robert H. Fendler Robert H. Fendler v. United States
Opinion
Opinion
ORDER
Appellant, apparently under investigation by a federal grand jury in connection with the collapse of a thrift association, appeals an interlocutory order denying his petition to conduct a voir dire of the grand jurors regarding their possible bias, prejudice, or economic interest. We dismiss for lack of jurisdiction.
Appellant relies on various exceptions to the final judgment rule embodied in 28 U.S.C. § 1291 , disfavoring piecemeal review of district court decisions in ongoing actions. The final judgment rule has special force in the criminal context. Appellate courts are particularly reluctant to intrude into grand jury proceedings. See Cobbledick v. United States, 309 U.S. 323, 327-28 , 60 S.Ct. 540 , 84 L.Ed. 783 (1940); DiBella v. United States, 369 U.S. 121, 126 , 82 S.Ct. 654 , 7 L.Ed.2d 614 (1962).
There is no reason to depart from the policy against piecemeal appeals in this case. If and when an indictment is returned against appellant, he can raise his claims in a motion to dismiss the indictment, 28 U.S.C. § 1867 (e) and Fed.P.Crim.P. 6(b)(2); and since denial of such a motion is reviewable on direct appeal from a criminal conviction, denial of review now will…