This morning, as expected, Zach Scruggs, son the imprisoned former plaintiff attorney Dickie Scruggs, filed a motion. Zach himself has already served 14 months of his own prison sentence.
We get this update thanks to Alan Lange, Editor of YALLPOLITICS.COM, which tracked the whole Scruggs's saga from the beginning. Lange co-authored book KINGS OF TORT about it.
Here, as you can read it, Scruggs filed the motion is to set aside his guilty plea. And here is the Defendant's Memorandum of Authorities in support of his motion to vacate his conviction pursuant to 28 USC 2255. In the Memorandum of Authorities, you will notice two things.
One, it starts out will an allusion to the U.S. Supreme Court ruling in the review of Jeff Skilling's conviction. That ruling concerned a more limited interpretation of the honest services fraud statue. The Memorandum reads, "Based on the Supreme Court's decision in Skilling and on his actual innocence of any crime involving bribery or any kickback schemes, David Zachary Scruggs ("Movant") respectfully petitions this Court to vacate his conviction and sentence pursuant to 28 USC 2255."
Two, it makes reference to KINGS OF TORT, specifically page 161. The book is Exhibit "C."