Parnell brothers want to consolidate cases for oral arguments at Appeals Court
Within a few days of one another in 2019, brothers Stewart and Michael Parnell filed separate 2255 Motions for release from their convictions and sentences, which were handed down in relation to their roles in a nationwide outbreak traced to peanut butter products. Ever since these Habeas Corpus motions alleging violations of constitutional rights have been on parallel tracks.
Until now.
Elliott M. Harding, attorney for Michael Parnell, has filed a motion asking to consolidate his client’s case with Stewart Parnell’s for oral argument.
Stewart Parnell v. United States is scheduled for oral arguments in September before a panel of judges from the U.S. Court of Appeals for the Eleventh Circuit in Atlanta.
Harding, an attorney from Charlottesville, VA, said the motion for consolidation is “without objection from opposing counsel or counsel for Mr. Stewart Parnell.”
The motion also asks for a “certificate or appealability” from the District Court’s final judgment, which adopted a Report and Recommendation but denied his 2255 petition.
In May, the appellate court scheduled Stewart Parnell’s case to “Calendar 23” for oral arguments on Sept. 23, 2024. It has not scheduled oral arguments for Michael Parnell, which is why he Is asking for the consolidation.
Harding’s motion continues: “To ensure the provision of oral arguments on the merits for Mr. Michael Parnell, and to eliminate the prospect of these materially similar cases being considered by alternative panels and potentially alternative outcomes on the merit, all parties agree that it is in the interest of justice and judicial economy from Mr. Michael Parnell to receive oral argument, and for such argument to be consolidated with Mr. Stewart Parnell’s pending appeal.”
Harding asks for “the opportunity to make a full oral presentation” for Michael Parnell, which will be in addition to the one for Stewart Parnell, “should the Court be willing to consolidate these matters.” What he is seeking is 15 minutes for each brother’s cases to be argued before the appellate judges.
Before this, the closest the Parnell brothers came to consolidating their 2255 Motions came in 2021 when the Middle District of Georgia held back-to-back evidentiary hearings for them in the same Albany, GA, federal courtroom where they were convicted by a jury in 2014. The two federal inmates were able to be present for those hearings.
Stewart Parnell, 70, once the top executive of the now-defunct Peanut Corporation of America (PCA), and Michael Parnell, 65, who was a peanut broker at PCA, are inmates at the federal low-security lock-up near Durham, NC, known as Butner.
Jury prejudice and ineffective assistance by legal counsel are likely issues for oral argument.
In 2008-09, PCA’s Georgia peanut processing plant was the source of a multi-state Salmonella outbreak that sickened thousands and resulted in numerous deaths. PCA peanut butter and paste subsequently required the recall of thousands of products.
Subsequently, a four-year investigation led by the FBI resulted in criminal indictments against several PCA executives and managers, with the most charges falling on the Parnells.
An Albany, GA, jury found the brothers guilty on most of the 68 felony counts with which they were charged on Feb. 15, 2013. Stewart Parnell was convicted of conspiracy, mail and wire fraud, the sale of misbranded food, and the introduction of adulterated food into interstate commerce.
Stewart Parnell was sentenced to 28 years in federal prison. Michael Parnell got a 20-year sentence. His lesser amount was because of several counts where he was found not guilty.
(To sign up for a free subscription to Food Safety News, click here.)
Source: https://www.foodsafetynews.com/2024/06/parnell-brothers-want-to-consolidate-cases-for-oral-arguments-at-appeals-court/
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Humic & Fulvic Liquid Trace Mineral Complex
HerbAnomic’s Humic and Fulvic Liquid Trace Mineral Complex is a revolutionary New Humic and Fulvic Acid Complex designed to support your body at the cellular level. Our product has been thoroughly tested by an ISO/IEC Certified Lab for toxins and Heavy metals as well as for trace mineral content. We KNOW we have NO lead, arsenic, mercury, aluminum etc. in our Formula. This Humic & Fulvic Liquid Trace Mineral complex has high trace levels of naturally occurring Humic and Fulvic Acids as well as high trace levels of Zinc, Iron, Magnesium, Molybdenum, Potassium and more. There is a wide range of up to 70 trace minerals which occur naturally in our Complex at varying levels. We Choose to list the 8 substances which occur in higher trace levels on our supplement panel. We don’t claim a high number of minerals as other Humic and Fulvic Supplements do and leave you to guess which elements you’ll be getting. Order Your Humic Fulvic for Your Family by Clicking on this Link , or the Banner Below.
Our Formula is an exceptional value compared to other Humic Fulvic Minerals because...
It’s OXYGENATED
It Always Tests at 9.5+ pH
Preservative and Chemical Free
Allergen Free
Comes From a Pure, Unpolluted, Organic Source
Is an Excellent Source for Trace Minerals
Is From Whole, Prehisoric Plant Based Origin Material With Ionic Minerals and Constituents
Highly Conductive/Full of Extra Electrons
Is a Full Spectrum Complex
Our Humic and Fulvic Liquid Trace Mineral Complex has Minerals, Amino Acids, Poly Electrolytes, Phytochemicals, Polyphenols, Bioflavonoids and Trace Vitamins included with the Humic and Fulvic Acid. Our Source material is high in these constituents, where other manufacturers use inferior materials.
Try Our Humic and Fulvic Liquid Trace Mineral Complex today. Order Yours Today by Following This Link.