On August 17, 2016, the Seventh Circuit U.S. Court of Appeals vacated a district court decision that required a criminal defendant who sought a new trial based on newly discovered evidence under Federal Rule of Criminal Procedure 33 to bring his claims in a separate, habeas action under 28 U.S.C. sec. 2255. The defendant had been convicted for violating the Clean Air Act but claimed that newly discovered evidence would probably result in an acquittal if the case was retried.
Michelle Jacobs and Vanessa Eisenmann represented the defendant on appeal, and Eisenmann presented oral argument in May. In its opinion, the Seventh Circuit agreed that the district court should have respected the defendant’s choice between available means of relief and allowed him to proceed under Rule 33.
Practice areas: Appellate, Criminal Defense, White Collar Defense.