Judge Biggers denies Zach Scruggs motion to reconsider
When Judge Biggers partially denied Zach Scruggs’s motion for summary judgment on his habeas claim, Zach Scruggs moved for reconsideration just before the hearing. Judge Biggers has now shot down that effort, ruling, first, that the argument he must grant summary judgment because of the Government’s inadequate response is wrong, and, second, that the “jurisdictional” issue being raised about the plea (which is essentially that, because there was nothing about concealment in the factual basis, the court lacked jurisdiction to allow entry of plea for misprision) still isn’t about jurisdiction at all, still relies on an overruled case, still was waived because it was not directly raised and appealed at the time, and is still time barred. In his original opinion he also noted that there were facts supporting a finding of concealment.
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Here is the opinion.
NMC
6/28/11
Magnolia Tribune
