The new evidence, Scruggs insists in a motion filed Wednesday, did not exist when he pleaded guilty and went to prison for knowing about an illegal conversation between then-New Albany attorney Timothy Balducci and Circuit Judge Henry Lackey.
The motion to reconsider appeals Biggers’ Feb. 16 decision not to allow Scruggs of Oxford to ask more questions of the government and others related to a judicial bribery scandal that shocked the public and shook Mississippi’s legal community in late 2007.
Biggers set an April 25 hearing on Scruggs’ request for the court to vacate his conviction and sentence. Scruggs says that new evidence and recent court rulings prove he was innocent.
In denying Scruggs’ discovery request in February, Biggers said the time to do that had passed, with his 2008 guilty plea.
But Scruggs reminds the court that things have changed since then.
“This proceeding raises new issues that were not known then,” his motion states again.
Read more in Thursday’s Daily Journal.