David Kernell was convicted of a misdomeanor crime after he hacked into Sarah Palin's email back in 2008 during the presidential election. After serving almost eleven months in jail, he was released. Now that he is free and doing well Kernell's attorney wants to return to court and appeal part of the conviction.
In addition to being convicted of the misdemeanor crime of hacking into the email, felony charges of obstruction an investigation were also imposed. While his time has been served, the young man is left with a felony on his record. This can be a much harder conviction to live with as it limits job prospects and disqualifies him from many services.
Wade Davies, Kernell's attorney seeks a review by the full U.S. 6th Circuit Court of Appeals. Particularly he would like to know how it is possible for someone to obstruct an investigation if they have no idea one is being undertaken.
Davies also mentions that he will go to the U.S. Supreme Court for a decision if he does achieve satisfaction through current channels. The court reportedly convicted Kernell based on evidence that he was aware of an ongoing FBI investigation.
The same jury that found him guilty of hacking the email and obstruction of an investigation also found him innocent of wire fraud and theft charges.