Comments on: U.S. v. Scruggs: Major motions hearing 2/20 in Oxford http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/ Sat, 21 Mar 2009 17:40:41 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: NMC http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/#comment-7156 NMC Wed, 13 Feb 2008 15:31:09 +0000 http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/#comment-7156 Judge Biggers may telegraph his thoughts about the motions a bit by his scheduling order. If he wanted to focus very hard on the government response, because he thought there was a lot to them, he'd set some time to look at them. So either: (1) He doesn't think this is going to take a lot of pondering, bad news for Scruggs, or (2) He'll take them under advisement and give himself time. It's clear he's concerned about keep everyone, himself included, on a tight leash schedule-wise. Judge Biggers may telegraph his thoughts about the motions a bit by his scheduling order. If he wanted to focus very hard on the government response, because he thought there was a lot to them, he’d set some time to look at them. So either: (1) He doesn’t think this is going to take a lot of pondering, bad news for Scruggs, or (2) He’ll take them under advisement and give himself time.

It’s clear he’s concerned about keep everyone, himself included, on a tight leash schedule-wise.

]]> By: observer http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/#comment-7117 observer Wed, 13 Feb 2008 12:23:32 +0000 http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/#comment-7117 I agree wtih NMC and MSlawyer. I don't think there is any chance that Judge Biggers will end up granting the motion for dismissal, or any of the motions to suppress, either. The order the motions are heard in is whatever order a particular judge wants to hear them in. I don't think you can read anything in that. But, I also highly doubt Judge Biggers is going to make any final rulings, or issue any orders, the day the motions are heard. Keker is setting up appeal issues here, and any judge is going to take time in having the orders drafted, knowing they are going to be litigated later. I agree wtih NMC and MSlawyer.

I don’t think there is any chance that Judge Biggers will end up granting the motion for dismissal, or any of the motions to suppress, either.

The order the motions are heard in is whatever order a particular judge wants to hear them in. I don’t think you can read anything in that.

But, I also highly doubt Judge Biggers is going to make any final rulings, or issue any orders, the day the motions are heard. Keker is setting up appeal issues here, and any judge is going to take time in having the orders drafted, knowing they are going to be litigated later.

]]> By: MSlawyer http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/#comment-7116 MSlawyer Wed, 13 Feb 2008 11:12:12 +0000 http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/#comment-7116 If Judge Biggers were to grant the motion to dismiss or the motion to suppress, the Government could take an interlocutory appeal. I don't think it's likely that either of those motions will be granted, though. If Judge Biggers were to grant the motion to dismiss or the motion to suppress, the Government could take an interlocutory appeal. I don’t think it’s likely that either of those motions will be granted, though.

]]> By: NMC http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/#comment-7102 NMC Wed, 13 Feb 2008 04:25:02 +0000 http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/#comment-7102 well, if the case is dead, no point in a change of venue. I think you can draw no conclusion about merits from the order. He's just set them in a way that makes some sort of sense to him. well, if the case is dead, no point in a change of venue. I think you can draw no conclusion about merits from the order. He’s just set them in a way that makes some sort of sense to him.

]]> By: Lost http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/#comment-7099 Lost Wed, 13 Feb 2008 04:00:30 +0000 http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/#comment-7099 Do you think the order of the motions to be heard indicates that J Biggers has any inclination to grant dismissal making rest of the motions moot or is he going to deny most of the motions and there is no rhyme or reason to the sequence? Do you think the order of the motions to be heard indicates that J Biggers has any inclination to grant dismissal making rest of the motions moot or is he going to deny most of the motions and there is no rhyme or reason to the sequence?

]]> By: NMC http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/#comment-7093 NMC Wed, 13 Feb 2008 03:29:26 +0000 http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/#comment-7093 nowdoucit: Yes. No, other than the trial setting, which he can move. No. The Fifth Circuit after a trial. nowdoucit: Yes. No, other than the trial setting, which he can move. No. The Fifth Circuit after a trial.

]]> By: nowdoucit http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/#comment-7091 nowdoucit Wed, 13 Feb 2008 03:17:56 +0000 http://www.folo.us/2008/02/12/us-v-scruggs-major-motions-hearing-920-in-oxford/#comment-7091 I feel like I'm in the backseat asking, "Are we there yet" another time but... 1. They only have 1 day to review the government's response? 2. Is there a time-limit on the Judge to rule on the motions. 3. Do you appeal motions before a trial? 4. What court would hear the appeal? I feel like I’m in the backseat asking, “Are we there yet” another time but…

1. They only have 1 day to review the government’s response?

2. Is there a time-limit on the Judge to rule on the motions.

3. Do you appeal motions before a trial?

4. What court would hear the appeal?

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