An association for criminal defense lawyers is urging the U.S. Court of Appeals for the Ninth Circuit to order a new trial for disgraced Theranos CEO Elizabeth Holmes, arguing that prosecutors skirted evidence and procedure rules.

In an amicus brief filed Monday, the National Association of Criminal Defense Lawyers said Holmes’ conviction should be reversed because prosecutors didn’t disclose the identity of a witness—Dr. Kingshuk Das—early enough, in violation of Rule 16 of the Federal Rules of Criminal Procedure. The rule is meant to give criminal defendants time to mount a defense.