The effort by Dickie Scruggs to set aside his guilty plea in Scruggs II, the case involving Bobby DeLaughter and Ed Peters, has been set for a hearing later this month. There have been a couple of motions filed in the run-up to the hearing, most recently a motion in limine from the Scruggs side about DeLaughter’s testimony.
The motion begins by noting that Peters had been immunized, and that he had original lied to the F.B.I. about his contact with DeLaughter (and states that Peters’s initial lie was arguably worse than the one that was the basis of DeLaughter’s guilty plea). It then states that DeLaughter’s lawyer has stated that he will assert his Fifth Amendment right not to testify, and that the Government could, if it would, grant DeLaughter immunity, which would force him to testify.