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.
Read the Opinion →
Related Insights
Nov 23, 2023
Case Successes
BKLW Wins Defense Verdict for Client Accused of Conspiring to Steal Biomedical Trade Secrets
Bienert Katzman Littrell Williams LLP scored a complete victory at trial for its client Nathan Boulais, who had been accused of violating, and conspiring with others to violate, the federal civil RICO statute based on...
Jun 30, 2023
Case Successes
Larry Flynt’s Brother Won’t Receive a “Single Penny” in Sweeping BKLW Victory
Elizabeth Flynt, the widow of media mogul and First Amendment defender Larry Flynt, and Bienert Katzman Littrell Williams LLP client, scored a complete victory in the lawsuit filed against her by Mr. Flynt’s estranged...
Jan 06, 2023
Case Successes
All Federal Anti-Kickback Charges Against Pain Management Physician Dismissed
After nearly a year and a half of contested litigation, the U.S. Attorney’s Office for the Southern District of California abruptly moved to dismiss all criminal charges against the firm’s client, a prominent pain...