New Trial

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7^th Circuit Court of Appeals

Case Name: United States of America v. Duane L. O’Malley

Case No.: 14-2711

Officials: WOOD, Chief Judge, and POSNER and ROVNER, Circuit Judges

Focus: New Trial

Appellant motion for new trial based on newly discovered evidence improperly denied as immaterial.

“Here the district court held that O’Malley “is seeking relief that he can only obtain through § 2255,” relying on our decisions in United States v. Evans, 224 F.3d 670 (7th Cir. 2000), Ruth v. United States, 266 F.3d 658 (7th Cir. 2001), and United States v. Rollins, 607 F.3d 500 (7th Cir. 2010), for the proposition that Rule 33 does not authorize a postjudgment motion based on newly discovered evidence except when that evidence implies the defendant’s actual innocence and came to light after trial in a manner not suggesting a constitutional violation. That reliance is mistaken. Those decisions, which analyze some of the interplay between Rule 33 and § 2255, do not purport to define the outer limits of claims that can be brought under Rule 33.”

Vacated

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.