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.


Some Notes on Yesterday’s Testimony about Zach Scruggs and Scruggs II

The testimony in the hearing yesterday dealt directly with a central issue in both Zach Scruggs’s petition and in the motion to disqualify:  The circumstances behind Bob Norman’s statement in a motions hearing in Scruggs I that Zach knew.

Setting the procedural context:  Scruggs I was about the attempt to bribe Judge Lackey in the Jones […]

Joey Langston exculpated Zach Scruggs on the Wilson case


The big story of the afternoon is the pains which Joey Langston went to, on the witness stand, to make clear that he believed that Zach Scruggs knew nothing about the criminality in Scruggs II:

I was lead counsel in Wilson v. Scruggs and was in position to know if Zach was aware […]

William Reed seeks to disappear in United States v. Scruggs

In the ongoing lawyering musical chairs that has been United States v. Scruggs from virtually day one, Jackson lawyer William Reed has moved to withdraw, noting

pre-existing professional commitments preclude continued participation in this case.  David Zachary Scruggs consents to the withdrawal and will continue to be represented by his other counsel of record.

This provides […]

Patsy Brumfield quotes Tony Farese and Zach Scruggs on the dropping of the bar complaint

She’s got a procedural detail or two, also:

ASHLAND – Defense attorney Tony Farese said Monday that an ethics complaint against him has been dismissed.

Farese of Ashland said he is “pleased” with the decision by the Committee on Professional Responsibility for the Mississippi Bar Association.

Farese said the decision on a complaint by […]

Zach Scruggs’s bar complaint dismissed

The bar complaint Zach Scruggs filed against Tony Farese has been dismissed, according to a report on Yall Politics.

Zach Scruggs filed a bar complaint last year against Tony Farese.  The complaint is not public, and Farese’s response is not public.  What has surfaced are parts of Scruggs’s filings and many affidavits from Farese’s […]

Judge Biggers rules Zach Scruggs will get to hear the witnesses in court, denies discovery motions

Here are the key parts of the order: Shortly before petitioner was to stand trial, he announced to the court through hisattorneys that he was satisfied with the discovery received from the government and was ready to defend against all charges in the Indictment.  The petitioner now contends that additional discovery is warranted in […]

Zach Scruggs responds on the depositions

There are three responses.   The most interesting on doesn’t relate to discovery (directly, anyhow); after several rounds in which the discussion is right-at-the-edge of being about the merits, Scruggs’s lawyer decides, “Ok, the Government is repeatedly making legal assumptions about this case to try to limit, and we are going to use this […]

Government responds to Zach Scruggs request for deposition (part 2)

In a prior post, I focused on issues in the Government response to the Zach Scruggs motion for depositions.  This post focuses on issues about Zach Scruggs’s complaints about asserted conflicts in his original trial counsel.

A lot of information is included in the Government response, all from either affidavits from Tony Farese’s response […]

Government responds to Zach Scruggs request for deposition (Part 1)

The gist of the Government response to Zach Scruggs’s motion for depositions is that he has to show a reason for taking a deposition by making a profer of the facts the witness may know, and that for different reasons Zach’s proffer isn’t enough.  The response makes a few points about the issue of whether Zach […]

A reminder that the primary utility of court pleadings is not to satisfy our curiosity

The US Attorney has filed a motion asking to seal Tony Farese’s response to Zach Scruggs’s bar complaint, which will be part of the Government response to Zach Scruggs’s motion for depositions.

I have this real urge to respond to this motion.

Here’s motion.