People who have been around a while will recall a group of cases involving Judge DeLaughter, Ed Peters, and strange results. The most famous, of course, is Wilson v. Scruggs, in which Joey Langston, Tim Balducci, and Steve Patterson have agreed in guilty pleas or sworn testimony that they paid former D.A./DeLaughter mentor Ed Peters $1,000,000 to influence DeLaughter secretly in the case on Dickie Scruggs’s behalf through ex parte contact that included allowing Scruggs’s side to draft orders DeLaughter ultimately signed as if they were his own. Another was Kirk v. Pope, and the third was Eaton Corp. v. Frisby. We began blogging about these cases in January, and they became the subject of the Judicial Performance Commission’s ethics investigation of Judge DeLaughter in March. The lawyers for Wilson in the Wilson v. Scruggs case have filed motions to reawaken that case and sanction Scruggs. The lawyers for Frisby in Eaton Corp in January raised issues involving Peters’s role, and a special master was appointed.
We’ve just learned that Frisby has filed a “Motion for Determination That Court Fraud Exception Is Applicable and to Establish Procedure” and that Eaton has filed an Objection to Order Appointing Special Master. We will post more about this when we are able to get copies.