Elizabeth Holmes is not going to prison – for the moment
The appeal also mentions the court having possibly violated Holmes' right to confrontation"by precluding cross-examination on a key witness' credibility," and that the court abused its discretion by excluding prior testimony from Ramesh 'Sunny' Balwani, Holmes' co-defendant in the case, in which he accepted sole responsibility for Theranos' financial model.
Holmes' lawyers say that Davila's decision mentioned"patient fraud convictions" despite Holmes being acquitted on those counts and that the court claimed evidence related to Theranos technology didn't pertain to her conviction"despite the indictment's charge that Holmes misrepresented [the tech] to investors."
The ex-Theranos CEO's legal team also claimed that the court dismissed the critical nature of an expert's testimony"despite relying on [it] when denying Holmes' motion for judgment of acquittal" and also claim the court used the wrong legal standard to determine that Holmes' appeals were unlikely to reverse the verdict.
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