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The state agency intends to appeal Magistrate Judge Jerry Davis’ recommendation to the 5th Circuit Court of Appeals in New Orleans.
U.S. District Judge W. Allen Pepper Jr. last week signed off on Davis’ June 2009 report to throw out the Saltses’ convictions and grant them a new trial after agreeing they were not afforded effective counsel with only three days preparation for their 2005 trial in Lee County.
The motion for stay claims it expects “a likelihood of success” with the 5th Circuit.
When convicted, each Salts was sentenced to 10 years in prison. Marie Salts has been on house arrest since her prison release, but her husband was denied the possibility of parole because of a previous conviction.
The couple was indicted by a Prentiss County grand jury in May 2003 on six counts of embezzlement. The indictments alleged that over 17 years, they embezzled thousands of dollars from an insurance company.
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