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.

Michelle Jacobs and Vanessa Eisenmann represented the defendant on appeal, and Eisenmann presented oral argument in May.

Related coverage: Opinion“7th Circ. Clarifies Post-Judgment New Trial Bid Standard,” Law360, August 18, 2016.

Practice areas: Appellate, Criminal Defense, White Collar Defense.