Court docket schedules Stewart Parnell v. United States for oral arguments
Oral arguments are scheduled for Stewart Parnell v. United States for the period of the week of Sept. 23, by the U.S. Court docket of Appeals for the 11th Circuit in Atlanta.
Parnell, as soon as the smash govt of the now-defunct Peanut Company of The United States (PCA), desires the appellate judges to vacate his conviction and sentencing. The 70-365 days-dilapidated Parnell is an inmate on the federal low-security lock-up end to Durham, NC, generally known as Butner.
As a federal inmate, Parnell nearly five years in the past filed a Habeas Corpus petition, known a Circulation 2255, looking out out for liberate from his 2014 jury conviction and the closing time on his 28-365 days detention heart sentence.
Two issues from Parnell’s Circulation2255 are alive for these oral arguments: jury prejudice and ineffective assistance by valid counsel. Both of these had been allowed by the 11th Circuit to proceed with “appealability.”
In 2008-09, PCA’s Georgia peanut processing plant modified into as soon as the source of a multi-disclose Salmonella outbreak that sickened hundreds and resulted in assorted deaths. PCA peanut butter and paste due to the this truth required the take of hundreds of merchandise.
A four-365 days investigation, led by the FBI, followed and resulted in felony indictments in opposition to several PCA executives and managers, with presumably the most charges falling on Parnell. An Albany, GA, jury stumbled on him responsible of all but one of the most 68 felony counts with which he modified into as soon as charged on Feb. 15, 2013. He modified into as soon as convicted of conspiracy, mail and wire fraud, the sale of misbranded meals, and the introduction of adulterated meals into interstate commerce.
Stewart Parnell’s Habeas corpus petition modified into as soon as filed on Sept.6, 2019, and after being launched for an evidentiary hearing in 2021, the District Court docket denied it on Sept. 23, 2022. Savannah attorney Amy Lee Copeland filed the charm with the 11th Circuit the following 365 days, looking out at for oral arguments.
Copeland is a ancient federal prosecutor with appellate expertise.
Coming in the aid of Stewart Parnell’s charm is but any other from his brother Michael, 65, who is also an inmate at Butner, for PCA-linked convictions.
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