USA – Parnell brothers plan to file objections to magistrate’s denial recommendation

Food Safety News

Brothers Stewart Parnell, 67, and Michael Parnell, 63, will each be filing objections to the federal habeas corpus recommendations against them in relation to food safety felonies involving the deadly 2008-09 multistate Salmonella outbreak associated with Peanut Corporation of America .

And Magistrate Judge Thomas Q. Langstaff has granted both brothers 14 additional days to file objections to his recommendation for denial of their habeas corpus petitions brought under Section 2255.

In the two decisions, running about 40-pages each, the magistrate judge came to very similar conclusions. For the Stewart Parnell Motion 2255, he makes this conclusion: “Petitioner has failed to establish by a preponderance of the evidence trial counsel’s ineffective assistance. Wherefore, it is recommended that Petitioner Stewart Parnell’s Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 be denied.”

And his conclusion for Michael Parnell’s Motion 2255: “Petitioner has failed to establish by a preponderance of the evidence trial counsel’s ineffective assistance. Wherefore, it is recommended that Petitioner Michael Parnell’s Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 be denied.”

Department of Justice attorneys, however,  did not have any objections to granting the Parnells more time to file objections.

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