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False charges against the former chief executive of Blue Bell Cremies should be dismissed because federal court in Austin lacks “subject matter jurisdiction”.
Defense attorneys Chris Flood and John Kline state that the US court has repeatedly declared for the Fifth Circuit that a district court lacks jurisdiction to subject to felony charges, unless the right to an indictment The apology does not contain either information or information.
According to the newly formed defense motion, “because there is neither indictment nor preemption in the record, the court lacks jurisdiction, and the case should be dismissed.”
Flood and Kline say the government briefed Paul Cruz of Burnham, TX on May 1 about seven felony crimes. But, he says that Kruse has made it “clear all the time” that he does not waive his right to indict,
Defense lawyers argue, “Likewise, they have preserved their objection to the jurisdiction of this Court.” “The Fifth Circuit has held that [i]Absence of a valid waiver, lack of indictment in a defective prosecution is a defect affecting the jurisdiction of the accused. “
The court has no subject matter jurisdiction over a prosecution in which the government, according to the defense team, has filed the information without obtaining a valid exemption suit. “A court in possession of information, but not in possession of an exemption, lacks information on the subject matter of the case, meaning that the information is” virtually meaningless, “the defense motion argues.
“It is beyond reproach that the absence of a valid waiver of prosecution by indictment is a judicial defect prohibiting the acceptance of a guilty plea or the commencement of a hearing on related charges,” it continues.
This district court, they claim, has jurisdiction only if brought by a felony charge or for information where the defendant has waived his right to a grand jury indictment.
“Because the record contains neither the indictment nor the pardon of the indictment, the court lacks jurisdiction over the matter” the defense motion continues. “For the foregoing reasons, the Court should dismiss the case for lack of subject-jurisdiction.”
The government has not yet responded to the dismissal proposal.
Kruse retired from the Blue Bell Creameries three years ago. His long tenure in running the prestigious ice cream company included 2015 when the company was challenged by Listeria in its plant and products. It is being linked to 10 Listeriosis diseases and three deaths in Blue Bell problems.
While federal felony was brought on May 1, he did not file “not guilty” on the charges until 8 June. Kruse personally waived his rights for libel, not his guilty plea, and for obtaining copies of all charging documents. . Under its emergency COVID-19 regulations, federal courts in Austin continue to do more business without court room gatherings.
Kruse was not detained. Whenever he promised to appear in court, he signed an appearance bond.
The hooliganism charges brought against Krause are for conspiracy and wire fraud. For each of the seven, Kruse could face up to 20 years in prison and a $ 250,000 fine. He is accused of fraud in six cases. The seventh is for the plot.
Separated from hooliganism against the cross personally, Blue Bell as a corporation was recorded on May 1 on two misconduct allegations that the company shipped contaminated ice cream over state lines during the 2015 outbreak. Blue Bell agreed to pay $ 19.35 million, the second-highest monetary penalty in history for food safety violations.
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