The Seventh Circuit U.S. Court of Appeals has ruled in favor of the firm’s client, allowing him to bring his claim for a new trial based on newly discovered evidence under Federal Rule of Criminal Procedure 33, instead of in a separate, habeas-corpus 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.
Practice areas: Appellate, Criminal Defense, White Collar Defense.