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

Missing Posts: If you have a link to a post that's not here or are looking for posts from Summer of 2010, check this page.

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Where is the Folo blog?

Occasionally, someone will ask me what happened to www.folo.us, the domain where the old Folo blog lived, at least from roughly February of 2008 until posting stopped in March of 2009.

Apparently, sometime this Spring, the domain registry fee was unpaid and the domain lapsed.  A spam site took it over, and pulled up […]

The Fifth Circuit holds that Scruggs’s guilt of bribing DeLaughter was “overwhelmingly establishe[d]”

We agree with the district court in concluding that the record overwhelmingly establishes the existence of a corrupt bribery agreement between Scruggs and DeLaughter.

Fifth Circuit opinion in United States v. Scruggs

An interesting thing about the post-conviction efforts by Zach Scruggs to set aside his plea in Scruggs I and his father in […]

Dickie Scruggs will be home for Christmas

Scruggs moved for release pending appeal, arguing the standards for release pending appeal– that he is not a flight risk, that a substantial issue is raised, and, that if he wins it, he will be released.  Judge Davidson asked for a brief on jurisdiction, which the parties agreed he had.

He has now ruled […]

Ask and ye shall receive (Judge Davidson denies relief in Scruggs II)

When my kids would ask me for something and I’d say “I’ll think about it,” once in a while they’d forget a basic life lesson and come back to nag me.  I’d give them a look and say, “Do you really want an answer now.”

Pretty much invariably, they decided to wait.

Yesterday, the […]

Scruggs to Judge Davidson: Decide my petition, because I could be getting out soon.

Dickie Scruggs has filed a motion in Scruggs II asking the court to go ahead and decide the case.  Writing with uncharacteristic brevity, his lawyers note that his release date on the five year sentence in Scruggs I would be in November of this year and that he’d be eligible for half-way house or […]

Scruggs and the Government file their briefs….

The court asked for proposed findings of fact and conclusions of law.  Yesterday, the Government filed an eight page brief, and the Scruggs side filed a forty pages proposed findings.  There’s a “don’t think about the elephant” quality to the Scruggs proposed findings.  The elephant is the testimony from Peters, Paterson, Langston, and Balducci […]

Judge Davidson orders that the DeLaughter proffer will be under seal

As I noted, when the hearing adjourned, an open issue was a proffer of what Bobby DeLaughter’s testimony would have been if he’d been made to testify. In order to appeal the judge’s decision to not grant immunity to DeLaughter, the Scruggs side have to show what they would have proved had Delaughter been […]

A summary of the posts about the Scruggs II hearing last week

I’ve made a number of posts about last weeks hearing in Scruggs II, involving Dick Scruggs’s effort to set aside his guilty plea for corruptly influencing Bobby DeLaughter.  The issue in the hearing was whether Scruggs could prove that he was innocent of the charge of bribing the judge.

One major post was a summary […]

12-21-07: DeLaughter comes clean(er) with the FBI

You might want to read this chronology before reading this post.  You also probably should read about DeLaughter’s first FBI interview.

DeLaughter’s second FBI interview memo closes with passages that makes me wonder, again, why this was placed in evidence by the Scruggs team:

At the time, DELAUGHTER did not think that PETERS’ and LANGSTON’s help […]

12-10-07: Bobby DeLaughter misleads the FBI but then thinks better of it

You might want to read this chronology before reading this post.

Two FBI interview memos from Bobby DeLaughter were placed in evidence in the hearing.  With DeLaughter not testifying, it is not clear to me the evidentiary import of these documents.  Whatever that may be, there are some statements in the second one that […]