Judge Davidson to Dickie Scruggs: Listen up. You have to prove actual innocence

Judge Davidson has just entered an order denying Scruggs’s motion that the court set aside his plea because there was no bribery and therefore (the argument goes) no federal crime and thus no jurisdiction.

Judge Davidson responds that any jurisdiction argument was waived by the guilty plea and lack of appeal thereafter, and that the only argument Scruggs has is to prove actual innocence. And Judge Davidson makes crystal clear that the burden to prove innocence is on Scruggs.

NMC
3/22/12