Kenneth M. Miller successfully argued the wrongful denial of defendant’s new trial motion (based on evidence that the government informant committed perjury during trial). The Ninth Circuit reversed and remanded for further proceedings. On remand, without an evidentiary hearing, the District Court again denied the new trial motion. Mr. Miller appealed the second denial, and the Ninth Circuit reversed and remanded with instructions for the District Court to hold an evidentiary hearing to determine the credibility of the new evidence. After further discovery and investigation, Mr. Miller convinced the government to stipulate to a new trial, then settled the case, reducing his client’s life sentence to 12 years.
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