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Senior U.S. District Judge Neal Biggers set the hearing to consider issues by prosecutors and Scruggs, who wants his 2008 guilty plea and sentence vacated.
He pleaded guilty to not reporting an illegal conversation between then-New Albany attorney Timothy Balducci and Judge Henry Lackey about a legal-fees case before the judge.
In his new order Tuesday, Biggers said all deadline for securing the evidence, called “discovery,” had passed in 2008.
Scruggs contends that prosecutors misled the court and that new evidence and a recent U.S. Supreme Court ruling shed new light on his situation.