“Scruggs’s deposition is to begin immediately and shall continue until its natural conclusion”

by Ted Frank on February 5, 2008

David Rossmiller—indispensable for matters Scruggsian—has the details of a Judge Michael Mills’s displeasure with Dickie Scruggs’s refusal to submit to a deposition in State Farm’s lawsuit against state attorney general Jim Hood. Scruggs will likely plead the Fifth Amendment for his interactions with the attorney general—which does not reflect well on that attorney general.

{ 2 comments }

1 somslawyer 02.05.08 at 8:29 am

“Scruggs will likely plead the Fifth Amendment for his interactions with the attorney general—which does not reflect well on that attorney general.”

With his client facing two pending criminal prosecutions, what competent lawyer would NOT counsel his client to do so? Under the circumstances, I think Scruggs’ refusal to testify will have little impact on Judge Bramlette.

2 Anderson 02.05.08 at 10:44 am

With his client facing two pending criminal prosecutions, what competent lawyer would NOT counsel his client to do so?

Scruggs can’t plead the Fifth (honestly) just because he’s indicted in an unrelated matter.

He can plead it ONLY if he has honest reason to believe that his testimony on the matters at issue would incriminate himself.

If a conversation Scruggs had with the AG would tend to incriminate Scruggs, then yes, that does indeed reflect badly on the AG.

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