www.agtechdaily.com
No Result
View All Result
  • Login
  • Home
  • Agriculture
  • Food
  • Technology
  • Sustainability
Contact
ABOUT US
  • Home
  • Agriculture
  • Food
  • Technology
  • Sustainability
No Result
View All Result
www.agtechdaily.com
No Result
View All Result
Home Food

Parnell brothers fail to persuade magistrate that their trial lawyers were ineffective

Admin by Admin
April 13, 2022
Reading Time:2min read
0
Buy JNews
ADVERTISEMENT


RELATED POSTS

Tyson Foods investing $20 million in Tennessee

Consumer interest in foods’ mental health benefits growing

Strong consumer interest seen in Mondelez snacking survey

The U.S. Magistrate Judge for the Middle District of Georgia recommends denial of motions to release brothers Stewart and Michael Parnell from federal custody. Judge Thomas Q. Langstaff quietly filed decisions on April 7 after taking both matters under advisement this past October.

The Parnells, convicted in a 2014 jury trial of food safety felonies related to the 2008-09 deadly Salmonella outbreak associated with the Peanut Corporation of America, are now nearly out of options for early release.

In the two decisions, running about 40-pages each, the judge comes 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.”

The magistrate’s ruling says the two inmates have a 14-day period to file written objections, Where objectives are made, they will be decided by Louis Sands, the trial judge. “Recommendation may be reviewed by the District Judge for clear error,” according to the magistrate’s ruling.

If the brothers do not file timely objections, the right to challenge on appeal is waived.  “In the absence of a proper objection, however, the court may review on appeal for plain error if necessary in the interests of justice.”

The bottom line: The judge “finds no substantial showing of the denial of a constitutional right.”

Further, it “is recommended that the court deny a certificate of appealability in its Final Order. If the petitioner files an objection to this recommendation, he may include therein any arguments he wishes to make regarding a certificate of appealability.

Magistrate Langstaff found the petitions filed by the Parnells sufficient to require public hearings, which were in May 2021. The brothers were returned by federal marshals to the federal courthouse in Albany, GA where the jury trial occurred.

The Parnell brothers were convicted by a Middle District jury in 2014 of multiple federal felonies charged after a nearly five-year investigation into the 2008-09 national Salmonella outbreak involving the Peanut Corporation of America (PCA) peanut processing plant in Blakely, GA. At the time of the outbreak, Stewart Parnell was PCA’s chief executive and Michael was a peanut broker.

Stewart was sentenced to 28 years in federal prison, and Michel to 20 years. They were the harshest criminal sentences ever handed down for food safety violations. Stewart’s release date, according to the Bureau of Prisons, is July 26, 2039. Michael is scheduled to get out on Sept.30, 2032.

Stewart is currently held at the Hazelton federal prison in West Virginia, and Michael is in custody at Fort Dix, NJ.

(To sign up for a free subscription to Food Safety News, click here.)



Source link

Share this:

  • Click to share on Twitter (Opens in new window)
  • Click to share on Facebook (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • More
  • Click to share on Reddit (Opens in new window)
  • Click to share on Tumblr (Opens in new window)
  • Click to share on Pinterest (Opens in new window)
  • Click to share on Pocket (Opens in new window)
  • Click to share on Telegram (Opens in new window)
  • Click to share on WhatsApp (Opens in new window)
  • Click to share on Skype (Opens in new window)

Like this:

Like Loading...
Admin

Admin

Related Posts

Food

Tyson Foods investing $20 million in Tennessee

January 27, 2023
Food

Consumer interest in foods’ mental health benefits growing

January 26, 2023
Food

Strong consumer interest seen in Mondelez snacking survey

January 26, 2023
Food

Tyson CFO pleads guilty to trespassing, intoxication charges: report

January 26, 2023
Food

Slideshow: New products from the Winter Fancy Food Show

January 26, 2023
Food

7 in 10 food and beverage execs anticipate revenues rising in 2023: survey

January 26, 2023
Next Post

New AgTech Hub position promotes industry innovation – Bundaberg Now

Purdue students celebrate Ag Week – AgriNews

Latest News

Sargento to acquire string cheese maker

May 5, 2022

Good News for J&K’ Farmers as Agriculture & Horticulture Sectors Undergo Rapid Transformation

May 15, 2022

New study suggests wildlife may be answer to phosphorus crisis

April 12, 2022

Most Popular

  • Agricultural E-Commerce Boosts Incomes For Cherry farmers in Shandong

    0 shares
    Share 0 Tweet 0
  • Seeds of Discord: Farmers Accused of Fraud in Dicamba Dispute | Arkansas Business News

    0 shares
    Share 0 Tweet 0
  • Farm Credit Administration tours the Midwest – Agweek

    0 shares
    Share 0 Tweet 0
  • 12 Biggest Agriculture Companies in the World

    0 shares
    Share 0 Tweet 0
  • How Technology Is Changing Agriculture

    0 shares
    Share 0 Tweet 0
Facebook Twitter Pinterest LinkedIn
www.agtechdaily.com

AgTech Daily provides in-depth journalism and insight into the most impactful news and trends shaping the agricultural and food technology industry

Categories

  • Agriculture
  • Announcements
  • Food
  • Others
  • Sustainability
  • Technology

Quick Links

  • Home
  • About us

© 2022 - All Right Reserved. www.agtechdaily.com.

No Result
View All Result
  • Home
  • Agriculture
  • Food
  • Technology
  • Sustainability

© 2022 - All Right Reserved. www.agtechdaily.com.

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
%d bloggers like this: