The U.S. Court of Appeals for the Fifth Circuit ordered a new trial for a health care fraud defendant because her pre-trial attorney also represented a star witness and the government knew of the conflict.

A Fifth Circuit panel ordered the new trial after it received a response from the district court to questions it sent with a remand order. The appellate court asked U.S. District Judge David Hittner of the Southern District of Texas-Houston Division to determine if this was a conflict that the government was aware of, and whether it had an adverse effect on the defendant’s case.