The U.S. Court of Appeals for the 11th Circuit is ready to hear the back-to-back oral arguments on behalf of Michael and Stewart Parnell.

The brothers, once associated with a deadly Salmonella outbreak blamed on the now defunct Peanut Corporation of America, are asking for the vacation of their convictions and sentences under federal Habeas Corpus proceedings.

The back-to-back oral arguments are scheduled for Sept. 26 in Atlanta. A three-judge panel consisting of Chief Judge William H. Pryor Jr., Judge Robert J. Luck, and Senior Judge Edward Earl Carnes will hear the arguments.

Former President George W. Bush appointed Chief Justice Pryor and Senior Judge Carnes to the 11th Circuit, and former President Donald J. Trump named Judge Luck.

Savannah attorney Amy Lee Copeland, who represents Stewart Parnell, and  Virginia attorney Elliott M. Harding for Michael Barnett will each get 15 minutes to make their case. 

Government attorneys opposing the Parnell motions will get equal time.

Stewart Parnell, 70, and Michael Parnell, 65, are federal inmates at the same Butner, NC, federal prison known as “Butner Low.” It is a low-security facility for less than 1,000 inmates.

The brothers appealed to the 11th Circuit after the Middle District of Georgia, the same court that convicted and sentenced them in 2014, denied their motions.

In 2008-09, the Peanut Corporation of America’s (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.

A four-year investigation, led by the FBI, followed and resulted in criminal indictments against both of the Parnell brothers. On Feb. 15, 2013, an Albany, GA, jury found Stewart Parnell guilty of all but one of the 68 felony counts with which he was charged.  

He was convicted of conspiracy, mail and wire fraud, selling misbranded food, and introducing adulterated food into interstate commerce. Michael Parnell was also found guilty but on fewer counts.

At the time of the outbreak, Stewart was PCA’s president, while Michael was associated as a peanut broker.

If successful with their Habeas Corpus motions, Stewart Parnell’s sentence could be shaved by 14 years, and Michael Parnell’s sentence could be cut by the seven remaining years.

The Motion 2255 proceedings, however, are not simple.  The appeals are proceeding under “certificate of appealability “ handed down by the Appellate court.

Both brothers’ attorneys are expected to argue that their Constitutional rights were violated due to ineffective counsel during their 2014 jury trial.

They argue that their trial attorneys should have sought a venue change, moving the trial from Albany, GA. Also, improper jury conduct has been alleged because discussion about the death cases was improper.

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