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State Farm scored a pretty clear victory in an Oxford Federal Courthouse yesterday against Jim Hood and Dickie Scruggs.

The result of the proceedings was that Dickie Scruggs will stand for deposition on Monday morning February 4 at 8:00 a.m. in his offices in Oxford.

State Farm also filed this morning a transcript of the proceedings yesterday in Oxford.



Posted February 2, 2008 - 12:09 pm
48 Comments:

REQUIRED READING FOR THE SCRUGGS NATION.

Some of the more interesting comments came from Lawson Hester, Counsel for Jim Hood’s office.  From my read, they were definitely trying to affect the process without looking like they were.

There is a whole lot of data here, but the bottom line is that at 8:00 a.m. on Monday morning, Dickie Scruggs’ office will probably be the most interesting place to be in Mississippi.

Posted by Alan on 02-02-2008 at 01:50 PM [link]

I have found the Scruggs’s motion to stay and quash the depo a very good primer for the hearing on Wednesday.

See what ya think.

Scruggs’s motion to stay and quash

Posted by bellesouth on 02-02-2008 at 02:23 PM [link]

Alan:  i take it you’ve read the whole thing with all their “brief” arguments.  All I got time to see is this:
Judge asking Hester just how it is that Hood can stipulate to Scruggs’ testimony.  Hester not giving a good answer there.  Judge then puts it another way, being, Hester, enlighten me here on how mr. hood already knows everything scruggs would say at his deposition.  Hester comes back with a tap-dance about the honorable hood being “in between a rock and a hard place.” I’m still perusing SF’s emergency motions and taking in how they’re now ratcheting up the langauge with words like “co-conspiracy” and “extortion.” Just wondering if you could sum up how you’re seeing hood/hester attempting to impact the scruggs deposition, if you have a more definite opinion after reading that entire transcript.

Posted by msbarfly on 02-02-2008 at 02:35 PM [link]

uh, bellesouth:  you’re a day behind, here, but it happens with all this information overload.  we got all that 2 days ago, then yesterday all that got ruled on.  okay.  and scruggs will be sitting at the depo table monday.  in case you’d be one wanting to see both sides of things, take a look at State Farm’s emergency motion to make that deposition happen.  oh, they pretty much prevailed, by the way.

Posted by msbarfly on 02-02-2008 at 02:39 PM [link]

uh, msbarfly, I know it is from a couple of days ago!  I was just saying I thought it was good primer, for heaven’s sake!  I hope to be there Wednesday, so I am reading all I can.  Is that ok with you?  If you want to shut your eyes and ears to everything that doesn’t say what you like then be my guest.  I read some of the emergency motion, thank you very much.

Posted by bellesouth on 02-02-2008 at 02:57 PM [link]

Lawyers… what is Younger abstention?

Posted by My Two Cents on 02-02-2008 at 04:51 PM [link]

Anybody? Anybody?

From Wiki-Law-Pedia

Younger Abstention
Younger abstention, named for Younger v. Harris, 401 U.S. 37 (1971), is less permissive to the federal courts, barring them from hearing civil rights tort claims brought by a person who is currently being prosecuted for a matter arising from that claim. For example, if an individual who was charged with drug possession believes that the search was illegal, and in violation of their Fourth Amendment rights, that person may have a cause of action to sue the state for illegally searching him. However, a federal court will not hear the case until the person is convicted of the crime. The doctrine has been extended to situations where the state is seeking to execute a civil fine against someone, or has jailed a person for contempt of court. The doctrine applies even where the state does not bring an action until after the person has filed a lawsuit in federal court, provided that the federal court has not yet taken any action on the suit.

There are three exceptions to Younger abstention:

1. Where the prosecution is in bad faith (i.e. the state knows the person to be innocent); or
2. Where the prosecution is part of some pattern of harassment against an individual; or
3. Where the law being enforced is utterly and irredeemably unconstitutional (e.g., if the state were to pass a law making it a crime to say anything negative about its governor under any circumstances).

And yes I am not a lawyer but I did stay at a HolidayInnExpress last nite.  You gotta be F@#$ed befor the Feds will decide if you were screwed.

Of note, this should not be confused with Steve Holland voting in abstentia while back home performing internments.

Posted by Jawbreaker on 02-02-2008 at 06:53 PM [link]

donn, jman: bellsouth’s smartin’ off at fly and, course, fly’s all shook up. look where B.S. “hopes” to be wednesday—“THERE.” now, by process of elimination, fly figures “THERE” to mean a hearin’ in federal court on feb. 6th on SF wantin’ the judge to further tighten the laces on mullet’s muzzle.  workin’ that same process, fly’s got B.S.’s true identity narrowed down—a reporter from the C-Loser, guest writer for the JFP, asst hoodlum courtney whatsherface, or maybe a rigsby sister. yall think i’m on to B.S. and her b.s.

Posted by msbarfly on 02-03-2008 at 07:05 AM [link]

Fly: You can probably scratch “a reporter from the C-Loser” off your suspect’s (Bellesouth)suggested possible professions. Ole Sid would have already uncovered that by
now since she’s been giving him the bad moufin’ daily.

http://www.clarionledger.com/apps/pbcs.dll/article?AID=/20080203/COL0412/802030326/1171/OPINION

Posted by ShavesWithAOccamsRazor on 02-03-2008 at 08:28 AM [link]

shaver:  bout B.S. and her b.s.—i missed her comin’ out w/ her job description.  could you fill me in, real brief like.

Posted by msbarfly on 02-03-2008 at 09:02 AM [link]

shaver:  told you i needed another pot of mud.  i read you sayin’ BS had outed herself.  my bad. later.

Posted by msbarfly on 02-03-2008 at 09:11 AM [link]

<<<<spoon feeding FLY

FLY sed @ 705am, “.... fly’s got B.S.’s true identity narrowed down—a reporter from the C-Loser, guest writer for the JFP, asst hoodlum courtney whatsherface, or maybe a rigsby sister. yall think i’m on to B.S. and her b.s. “

And Shaver sed @ 828am,
Fly: You can probably scratch “a reporter from the C-Loser” off your suspect’s (Bellesouth)suggested possible professions. Ole Sid would have already uncovered that by
now since she’s been giving him the bad moufin’ daily.

Cmon’ Fly: keep up with your post(s) your making me think you are drinking coffee with Tom Head this am (grin)

Posted by ShavesWithAOccamsRazor on 02-03-2008 at 09:19 AM [link]

shaver:  sid’ll be the only one of that bunch w/ guts to say word one.  i was thinkin’ more like the hampton, mitchell types.  their little pens run outta ink before they scratch down the “S” in S-C-R-U-G-G-S.  and, if it comes to a certain elect, they can’t find their back-up pencils.

Posted by msbarfly on 02-03-2008 at 09:20 AM [link]

shaver:  fly ain’t sittin’ nowhere near t-head, nevermind anythin’ suggestion to the contrary.

Posted by msbarfly on 02-03-2008 at 09:21 AM [link]

FLY: Wouldn’t that some funny stuff if Ole Sid did some “investigative reporter"-type stuff and discovered that Hampton or Mitchell was a cross dressing blogger cloaked in anonymity.....

I offer the first “evidence” for review: straight from Sid’s article that it may be one, or both of them, “....anonymity breeds responses that live somewhere between clarity, obsession, common sense, and at times, downright wingnut stupidity.”

OMG he left a clue as to who he thinks it is right there in the statement, since the description at time fits BOTH of them.

Posted by ShavesWithAOccamsRazor on 02-03-2008 at 09:27 AM [link]

Oh my!  I am famous now!  That’s pretty funny.  Poor Sid.  Do you suppose if I sent him a picture then I wouldn’t be anonymous?  What diff. does it make what my name is?  I don’t know Sid neither, although I know some people that know him.  I’m like, “really?!” Who knows we might meet one day.  I’d tell him just what I tell him on his blog.

Posted by bellesouth on 02-03-2008 at 09:58 AM [link]

Well, Sid’s sittin’ at home right now reading this blog. So I might as well tell him his comments about the anonymity factor reveal ONE THING....and that is HIS frustration. He’s the type who is used to editing and downright refusal to print things that disagree with his personal opinion. He cannot exercise that control here (any more than one-cent or fishking can), and it frustrates him to no end that there are opinions of him (Salter) out here in the community that he can’t control. He can, however, influence those opinions, but that would take some behavior modification.

I noticed Belle made Salter’s article. Congratulations Belle, I guess.

Posted by Donn on 02-03-2008 at 10:09 AM [link]

shaver:  hampton, mitchell—my point exactly.  BS is meantime dreamin’ of Tara, petticoats, corsets and all—talkin’ to herself and claimin’ she’s famous like miz scarlet.  who was it wrote Gone With the Wind?  Last name Mitchell? not that b.s. needs any distinguishin’ between jerry mitchell and that author.

Posted by msbarfly on 02-03-2008 at 10:16 AM [link]

Fly; I missed Belle jumpin’ your chit the other day. What got you so heated up?

Posted by Donn on 02-03-2008 at 10:20 AM [link]

who said I wanted control? Do I look like I live in Fondren?

Posted by kingfish on 02-03-2008 at 10:26 AM [link]

who said I wanted control? Do I look like I live in Fondren?

Posted by kingfish

That was MY comment, so I’ll reply to your question. First, I don’t know what you look like or what Fondren looks like or where it is.

I base my opinion, and will change it if given a reason to, on the reception I got here and the one I’ve noticed several others on here getting from you in particular. I may be way wrong, but it seems to me that if one is not a member of some sort of ‘gang of 7’ or serves a proper period of probation, they get called stupid or idiot by the kingfish and roundly criticized in cutesy remarks. Sort of like dealing with the schoolyard bully. That’s the control I referred to in your case.

Again, just my opinion, and it could be ill-based. No harm meant, just expressing some honesty here. peace.

Posted by Donn on 02-03-2008 at 10:32 AM [link]

fly, I really must say I am flattered at all the peeps you think I might be.  Cool.  Did you know it is dang right impossible to see yourself as others see you.  It can be a shock sometimes.

Posted by bellesouth on 02-03-2008 at 10:48 AM [link]

quote by belle:
< Did you know it is dang right impossible to see yourself as others see you.>

Often times this is reassuring.

Posted by jman on 02-03-2008 at 10:55 AM [link]

donn asked what got stuck in fly’s craw.  who knows, man.  i been recuperatin’ from a fake-sick day. somebody said i’d be back “ornery” as ever and was he right or what. now, bellsouth—smelled that rat at post ONE - foul smell, too—re"handled" nasty POTTED PLANT manure odor.  remember that highway to hood martyrdom hampton had plans for day after he convinced his C-Loser legions that the vast army of right-wing conspirators was closin’ in fast on poor general jim?  fly pegged B.S. turnin’ the first shovel of dirt—until, to their ETERNAL SORROW AND REGRET of a few, some conspirator issued a STOP-WORK order.

Posted by msbarfly on 02-03-2008 at 11:10 AM [link]

In CL today, but it’s from Lloyd Gray at DJ…
“Tragically, playing the game got out of hand”

http://www.clarionledger.com/apps/pbcs.dll/article?AID=2008802030325

Posted by My Two Cents on 02-03-2008 at 11:10 AM [link]

From CL today… actually written by an atty friend of mine, Lydia Quarles…
“Consider Judge Lackey… How MS chose judiciary”
http://www.clarionledger.com/apps/pbcs.dll/article?AID=2008802030321

Posted by My Two Cents on 02-03-2008 at 11:12 AM [link]

donn, jman:  does 2cents have new pennies or would it be safe to snooze on through his Loser-link?

Posted by msbarfly on 02-03-2008 at 11:12 AM [link]

set the clock.

Posted by jman on 02-03-2008 at 11:17 AM [link]

b.s.:  wonder how i knew you’d be the very one thinkin’ flattery’d be gettin’ you everywhere?  keep on recruitin’ members for your self-admiration society.  if sign-up is slow here, holler back.  i’ll tell you just where to go.

Posted by msbarfly on 02-03-2008 at 11:24 AM [link]

FLY: Psssst, be nice, don’t forget she’s gonna be “there” Wednesday with all them lawyerly types...or else she’ll be working at City Grocery looking out the window.

Posted by ShavesWithAOccamsRazor on 02-03-2008 at 11:27 AM [link]

I can tell you exactly what happen to Dickie, Tim and Joey....the devil made ‘em do it. Now, with Patt.............you got to index the factor of ‘what happened’????! This guy is just a whistle blower with all the calories. He squeeeeeeled like the pig on DELIVERANCE when the Feds pointed their finger.

PL will likely fit into this ‘oh chit’ crowd as he will tell all when he is in the hot seat. Too old to fight the fight or fly the kite.

Posted by jman on 02-03-2008 at 11:36 AM [link]

PL is gonna sing like nobodies business...cuz his lil enterprise of cutting newspaper articles for Dickie is going down the tubes. I’m wagering that ANYONE that knows PL at this juncture is “out of the service area” when a cell phone call comes in...and for damn sure ain’t taking a land line phone call...which puts Ole PL’s Political Circle Dialing and Newspaper Clippingoutta bidness...and how’s a guys supposed to spend his retirement broke.

Posted by ShavesWithAOccamsRazor on 02-03-2008 at 11:49 AM [link]

IMPORTANT NOTICE FOR THE YP NATION - I am flattered that a few of you have found such an active home here.  However, after some review, we’ve gotten way off topic on most things.  I really want to keep threads on topic because this is important stuff and the personal nyah nyah is running some folks off.

So, I would ask you to self-regulate on the personal stuff back and forth.  Advance the ball on topics, or you will find your posts (that I know you worked hard on) nuked.

Here are the three steps, in order.

1.  Nuked post
2.  Nuked threads
3.  Nuked accounts

It will happen in that order and it starts right now.  Should you start notice any of the above that you are party to, take notice.

Thanks,
The Management

Posted by Alan on 02-03-2008 at 12:12 PM [link]

Alan...........it’s the excitement of ‘SUPER BOWL SUNDAY’.  Ok guys and gals, we got to stay on subject or suffer the fall out. Is this what yu were talking bout Donn?

Posted by jman on 02-03-2008 at 12:19 PM [link]

How about a real off-topic everyone can enjoy?

State: Big Dietitian is watching you

“A bill recently introduced in Mississippi’s state legislature would bar restaurants from serving people determined to be obese.”

Posted by bellesouth on 02-03-2008 at 12:32 PM [link]

I Knew P. L. 20 years ago-My impression-A Gordon Liddy type-probably will not say anything

Posted by Ravenm on 02-03-2008 at 12:34 PM [link]

Are we starting to figure out the new system, folks?

Posted by Alan on 02-03-2008 at 12:36 PM [link]

So, is Alan saying not to post unless you have a specific comment about what he has put up? And if it doesn’t specifically address his post, it can’t be put up? I can’t find the rules so they are hard to follow. People can’t interract, poke fun, talk about morning coffee or evening brandy or Sid’s apparent daily itch? Alan, can you be more specific about the rules you want followed? They would be easier to observe if folks knew what they were. Agreed?

For example, Alan, the other day you put up something that had Charlie Capps name in the title of it. We got off into a discussion of Capps. At what point is the line crossed? Seriously.

Posted by Donn on 02-03-2008 at 12:37 PM [link]

I have neither the time nor the inclination to babysit or to come up with a dogmatic list of rules.  You are all grown ups.  I will give you some negative reinforcement until you figure it out.  Keep it serious, but not personal, and advance what we are trying to do here.

Pretty doggone simple.  Suffice it to say, figure it out or I will figure it out for you.

Might I also add that there is a private messaging function on the backend of this that you can use in the control panel.  I would suggest that a lot of the comments going back and forth could be effectively transmitted through there.

Posted by Alan on 02-03-2008 at 12:40 PM [link]

I think I will just sorta watch and see what others are doing fore I let my fingers do the walkin’. Check ya’ll later.....no pun intended.

Posted by jman on 02-03-2008 at 12:42 PM [link]

I think Jim Rome said it best . . .

“Have a take . . . make it not suck . . . or you will get run”

Posted by Alan on 02-03-2008 at 12:44 PM [link]

Alan. I did not know there was a PM function. Without getting angry, can you say how it works? Also, can you advise the ‘100 last posts’ feature does not function? I think these are legitimate questions. It’s not always helpful to just say “figure it out for yourself.”

Posted by Donn on 02-03-2008 at 12:44 PM [link]

Who the hell is Jim Rome?

Posted by Donn on 02-03-2008 at 12:58 PM [link]

AGAIN, Donn & Fly, please take the cruise for at least 7 days.  If u dont take the cruise at least comment on the subject at hand.  Your domination of Alan’s excellent site is really getting boring.

Posted by Sonny on 02-03-2008 at 01:23 PM [link]

amen.

click on control panel, then member list. Then you will see “email” next to a member’s name. Click on that and voila, you can send a private message to the member you so desire to contact.

I’m glad Alan said something because I was getting tired of 15 posts of gibberish in one thread that no one could understand.

Posted by kingfish on 02-03-2008 at 01:35 PM [link]

donn, what I say for the most part is all in good fun if I’m addressing you here. By fondren I meant a certain left wing local publication whose editor tends to live in Fondren.

Posted by kingfish on 02-03-2008 at 01:41 PM [link]

Alan - it would also be helpful if people would write in English. I still check yallpolitics several times a day but I’ve all but stopped reading much of anything because I just am too lazy to spend hours trying to translate the stuff.

Posted by Jane on 02-03-2008 at 02:15 PM [link]
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