The Alabama Supreme Court will decide if the perjury case against Representative Barry Moore should be dropped.
Moore's lawyers claim the prosecutors in the case weren't legally appointed and sworn in. They also say the indictment against Moore was improperly written.
Prosecutors say an appeal should only come after Moore's trial if he's convicted.
Moore was charged with perjury and giving false statements back in April. He's pleaded not guilty.
Trial is set for September 15th.