Elizabeth Holmes not reporting to prison this week after last-minute appeal of judge ruling
The Tuesday filing from Holmes’ attorneys followed the decision earlier this month by US District Judge Edward Davila – who rejected the disgraced tech founder’s legal bid to remain free while appealing her conviction and ordered the mother of two to report to prison on April 27.
In the filing to the US Ninth Circuit Court of Appeals in San Francisco, Holmes’ team argued the judge’s ruling “reflects numerous, inexplicable errors.” “The court referred to Holmes’ ‘patient fraud convictions,’ despite the fact that the jury acquitted Holmes on those counts,” the filing said. Holmes’ lawyers also alleged that Davila used “the wrong legal standard to assess whether key issues presented were likely to result in reversal” of her conviction.
The court said Holmes’ prison report date of April 27 “has been automatically stayed.” Holmes will remain free on bail pending the outcome of her appeal of the judge’s ruling. The feds have 10 days to respond to the filing.found her guilty on four charges relating to defrauding investors.Holmes experienced a stunning downfall after reports revealed that Theranos’ blood tests could not perform many of the functions she claimed.
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