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Mixed Holmes Verdict Likely to Hurt Her Chances of Winning An Appeal

Updated: Jan 11

The mixed jury verdict Elizabeth Holmes received last week could hurt her chances of winning an appeal, the Wall Street Journal reports. Her company, Theranos Inc., came under scrutiny for exaggerating the accuracy of its blood tests. Despite the guilty verdict, the acquittal on some counts is likely to elongate the case. The jury cleared Holmes of four fraud counts for knowingly deceiving investors of Theranos. Her defense has been marked by frustrating tactics such as presenting Walgreens customer reviews of Theranos products as evidence.

Holmes' legal team is using several tactics to appeal the case, such as calling the selection of witness testimony into question and asking the judge to throw out the entire conviction, which would be highly unlikely. Former federal prosecutor Christine Wong says the mixed verdict shows careful decision making by the the jury, which will make it hard to convince appellate judges that there is need for another trial. Judge Edward Davila's reputation for splitting the difference also hurts Holmes' chances of an appeal, experts say. Her legal team will likely request that Holmes remain free on bail during the appeal process, which could take several years.


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