By NEMS Daily Journal
ABERDEEN – Richard “Dickie” Scruggs appears to have the district court’s permission to take his 2009 conviction to the 5th Circuit Court of Appeals.
In a one-page “Certificate of Appealability,” signed by Senior Judge Glen H. Davidson, the court checked the paragraph stating that Scruggs “has made a substantial showing of the denial of constitutional rights.”
The certificate is posted on the federal court’s electronic documents system, but its docket headline reads “Certificate of Appealability Denied.”
However, upon reading the document, Davidson apparently agreed to allow the former Oxford attorney’s appeal to move on, after he denied the motion last week.
Scruggs contends he pleaded guilty to a crime, which no longer exists, and that any suggestion of help with a federal judgeship to then-Circuit Judge Bobby DeLaughter was no more than political speech.
The government insists the offer was a bribe for the judge’s help with a lawsuit against Scruggs over which he presided.