TUPELO – Genarro D. Shumpert asked the U.S. District Court on Thursday to overturn his 2005 guilty plea in the kidnapping and armed robbery of a family connected with Malone’s Fish House.
Representing himself in an 87-page motion, Shumpert claims his 285-year sentence should be thrown out from Circuit Court in Lee Country because he was coerced into pleading guilty by ineffective counsel.
He also claims the trial judge, Thomas Gardner III, did not recuse himself even though he was a sometimes customer at the restaurant.
In April 2008, the Mississippi Court of Appeals affirmed now-inmate Shumpert’s conviction and sentence, saying he was not guaranteed a racially diverse jury and that whether Gardner ate at the restaurant had no bearing on his qualifications to be a judge.
NEMS Daily Journal