I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

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BlogRoll

Judge Davidson to Dickie Scruggs: Listen up. You have to prove actual innocence

Judge Davidson has just entered an order denying Scruggs’s motion that the court set aside his plea because there was no bribery and therefore (the argument goes) no federal crime and thus no jurisdiction.

Judge Davidson responds that any jurisdiction argument was waived by the guilty plea and lack of appeal thereafter, and that […]

Judge Davidson tells Scruggs attorneys he is “quite capable” of reading the record

Dickie Scruggs filed a motion to clarify the record, insinuating that the Government had somehow made misleading statements about whether there was a quid pro quo in Scruggs II (the case involving Judge DeLaughter, Ed Peters, the federal bench opportunity and several million dollars paid to Peters to secretly work Judge DeLaughter).

My reading […]

Paul Quinn on Judge Davidson’s order to turn over the Eaton evidence

Yesterday, I wrote (the link includes the opinion) about the decision by Judge Davidson to turn over Eaton-related evidence from U.S. v. DeLaughter to Judges Barbour and Yerger, who have different parts of that prosecution.  Paul Quinn writes about this at length in today’s Clarion Ledger:

A document filed by U.S. Attorney Jim Greenlee […]

From the DeLaughter change of plea hearing

This morning, Bobby DeLaughter submitted his resignation to Governor Barbour as a circuit judge.  This afternoon, he entered a guilty plea to obstruction of justice under a plea agreement that (if the judge accepts it) puts him in jail for 18 months and does not require that he cooperate.

The real drama at the […]

Judge Davidson’s motion-docket-clearing-Friday, part two of two

There were two more orders from Judge Davidson on Friday.  One order deals with production of grand jury material.  DeLaughter has made a series of efforts to get grand jury material before trial.  Judge Davidson entered an order that grand jury testimony does not have to be produced under the Jencks act until after […]

Judge Davidson’s motion-docket-clearing-Friday, part one of two

As noted earlier, Judge Davidson entered a series of orders at the close of business on Friday.  I’ve already discussed one, about the motion in limine in which the Government argues Judge DeLaughter doesn’t get to prove the correctness of his rulings.

A second has a letters-crossing-in-the-mails quality– the Judge orders the Government to […]

DeLaughter files motion, instantly wins, but may not have had the desired effect

This afternoon, Judge DeLaughter filed a motion for disclosure of Brady (that is, exculpatory) information. He raises one interesting point– he says that his local counsel, Larry Little, was in Tupelo recently looking at stuff seized from Joey Langston and was told that the government had not even examined a hard disk because they […]

Judge Davidson denies Judge DeLaughter’s motion for a pretrial hearing on conspirator statements

Update:  Opinion has been added

Judge Davidson has denied the DeLaughter motion for a pretrial hearing about admissibility of co-conspirator statements.  I wrote about the motion, the government response, and Judge DeLaughter’s reply.  As I said in the last post about the reply, I ended up pretty persuaded by this motion, and so am […]