Acker issues a WTF-just-show-it-all-I'm-tired-of-playing Order in Renfroe v Rigsby

Just in time for the Fourth of July celebration of our nation’s freedom from tyrany, none of the the mad hatter of Justice in Alabama issues an Opinion-Order more telling of his capacity to serve justice than anything that could be written about him.

The Opinion-Order addressed the motions filed by the Rigsby sisters and non-party Dick Scruggs asking for guidance on the release of documents under the preliminary Injunction prohibiting the release of same on December 8, 2006 and the related Objections filed by Renfroe- the so called “data dump” documents.

In all fairness to Judge Acker, this part he got right.

This court has no intent or valid reason to interfere with the operation of litigation proceeding in any other court, and…

A little late to figure that out – hence, no doubt, a confession of sorts follows. Continue reading “Acker issues a WTF-just-show-it-all-I'm-tired-of-playing Order in Renfroe v Rigsby”

We Have Several Case Updates

Several orders have come down today in cases we are following here at Slabbed. First for our beef plant readers we have Judge Mills approving another rule 17 subpoena for The Facility Group this time to Carothers Construction. Evidently the legal eagles are looking for something to graze on.

We have orders relating to the in camera review of documents in the possession of Cori Rigsby. The first specifies some documents the Farm will not get while the second corrects a mistake in the first.

Finally Nowdy is working on a post on the new order related to McIntosh document production from Judge Acker in Renfroe v Rigsby. Get the order and check back with us for our analysis later this evening.


Oh Insurer Where Art Thou? Part 2 Claims Adjustment

Song Jimmie Davis and Charles Mitchell
Lyrics by Sop81_1
Performed by: Wesley McFarland with Robert and Merryl Weiss
Singing on site to their claims adjusters

You Are My Sunshine
My only sunshine.
You make me happy
When skies are grey.
You’ll never know, dear,
How much I love you.
Please don’t take my insurance away

The other nite, dear,
As I lay sleeping
I dreamed good hands held me in their arms.
When I awoke, dear,
I was mistaken
And I hung my head and cried.

You are my sunshine,
My only sunshine.
You make me happy
When skies are grey.
You’ll never know, dear,
How much I love you.
Please don’t take my insurance away. Continue reading “Oh Insurer Where Art Thou? Part 2 Claims Adjustment”

Breaking News – Attorneys for Zach Scruggs file Memorandum noting distinctions in his plea UPDATED

According to the Sun Herald, attorney for Zach Scruggs, Dickie’s son and law partner, have filed a Memorandum in addition to an earlier response to the Pre-sentence Investigation Report submitted on his behalf.

In his bid for probation in a judicial bribery case, attorney Zach Scruggs is trying to distance himself from the crimes of his co-defendants, including his father, lawyer Dickie Scruggs.

A government sentencing report overlooks the fact that Zach Scruggs, a young attorney and father of two, did not plead guilty to participating in the conspiracy to bribe Circuit Court Judge Henry Lackey, his attorneys argue.

The government’s pre-sentence report says he “was in the conspiracy from the beginning and was aware of the efforts to corruptly influence Judge Lackey.”

While Zach’s attorneys point out the claims made in the PRI are contrary to the factual basis of his plea, it was evident Judge Biggers has accepted those claims in the report as fact instead based on remarks he made Continue reading “Breaking News – Attorneys for Zach Scruggs file Memorandum noting distinctions in his plea UPDATED”

Judge Bridges, it seems some process is due here

As has been reported by Anita Lee and here at slabbed, Judge Bridges decided upon himself not to allow the jury to award punitive damages in Lisanby v. USAA and dismissed the jury. But there is a fundamental law of the land called due process.

A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious.

Procedural due process also protects individuals from government actions in the civil as opposed to criminal sphere. These protections have been extended to include not only land and personal property, but also entitlements including government-provided benefits, licenses, and positions. Thus, for example, the Court has ruled that the federal government must hold hearings before terminating welfare benefits (Goldberg v. Kelly, 397 U.S. 254, 90 S. Ct. 1011, 25 L. Ed. 2d 287 [1970]). Court decisions regarding procedural due process have exerted a great deal of influence over government procedures in prisons, schools, Social Security, civil suits, and public employment.[Emphasis added]

In BMW of North America v. Gore, ___U.S.___ , 116 S. Ct. 1589, 134 L. Ed. 2d 809 (1996) the U.S. Supreme Court identified the “degree of reprehensibility of defendant’s conduct” as the most important indication of reasonableness in measuring a punitive damage award under the Due Process Clause. The Court applied the most commonly used indicator of excessiveness, the ratio between the plaintiff’s compensatory damages and the amount of the punitive damages.

The purposes of punitive damages are to punish the defendant for outrageous misconduct and to deter the defendant and others from similar misbehavior in the future. The nature of the wrongdoing that justifies punitive damages is variable and imprecise. The usual terms that characterize conduct justifying these damages include bad faith, fraud, malice, oppression, outrageous, violent, wanton, wicked, and reckless. These aggravating circumstances typically refer to situations where the defendant acted intentionally, maliciously, or with utter disregard for the rights and interests of the plaintiff. Continue reading “Judge Bridges, it seems some process is due here”

Oh Insurer Where Art Thou? Part 1 The Prelude

Melody By Harry McClintock
Lyrics By Sop81_1 and Nowdoucit
Performed by David Rossmiller

One evening as the sun went down and the legal fees were churning
Down the net came a lawyer hiking and he said boys I’m not turning
I’m headin for a land that’s far away beside the crystal fountains
So come with me we’ll go and see the Big Rock Katrina Mountains

In the Big Rock Katrina Mountains there’s a land that’s fair and bright
Where the Hurricane winds blow softly and you flood out every time
Where the adjustments all come up empty and the sun shines every day
On the birds and the bees and Maria Brown’s mammaries
Where the lemonade springs where the bluebird sings
In the Big Rock Katrina Mountains Continue reading “Oh Insurer Where Art Thou? Part 1 The Prelude”

Minor facts may prevent major fit about Appeal

Just the mere mention of Paul Minor and Appeal in the same sentence has been known to send folks into a major fit – so let’s start this off with a reminder that regardless of how liberal his daddy is, which political party he contributed to; or what he said after too many drinks, he’s still has a right to a fair trial and that’s all he’s asking.

Anita Lee now has two stories on-line about Paul Minor’s appeal for justice – the first included the 146-page brief filed with the 5th Circuit requesting a third trial before a different judge.

Biloxi attorney Paul Minor has filed an appeal of his judicial bribery conviction with the 5th U.S. Circuit Court of Appeals.

Minor, who is serving 11 years in federal prison, asks that the case be sent back to U.S. District Court for a new trial with a different judge…

“Much had changed from the 2005 trial that resulted in acquittals and a mistrial to the 2007 trial that resulted in a hasty conviction and a significant sentence,” his attorneys write. “This appeal addresses these changes – a series of constitutional, evidentiary, legal and sentencing errors by the district court that ultimately resulted in an unlawful conviction and sentence that cannot stand.”

The second story, although already on-line, will appear in the July 1 print edition of the paper. Lee provides more detail here about the nature of the Appeal. Continue reading “Minor facts may prevent major fit about Appeal”