Motion for New Trial – Newly Discovered Evidence

By: Derek Hawkins//April 4, 2018//

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7^th Circuit Court of Appeals

Case Name: United States of America v. Daniel Ballard

Case No.: 17-2640

Officials: BAUER, FLAUM, and MANION, Circuit Judges.

Focus: Motion for New Trial – Newly Discovered Evidence

The government alleges Daniel Ballard fraudulently obtained construction loans from a bank. After Ballard was convicted on three counts of bank fraud, his attorney obtained a previously undisclosed audio recording of an adverse witness in Ballard’s trial, made during the course of a prior, unrelated criminal investigation. Ballard moved for a new trial as a result of this newly discovered evidence. The district court found certain portions of the recording favorable and material to Ballard’s defense and granted him a new trial. The United States appeals. We affirm.

Affirmed

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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.

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