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AUGUST 09 2007

Scrushy's motion : Bad news/Good News. They did not hit a "home
run" with the timely request for email records, but they hit a "double"
with the direction to present an oral argument.
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Scrushy Appeal to Get Oral Argument
Helen Hammos for WSFA TV Montgomery

The U.S. 11th Circuit Court of Appeals in Atlanta last week rejected a
time-sensitive motion to subpoena computer information asking that  
juror e-mails showing juror misconduct be preserved.

However, the judges "DIRECTED" the clerk "to schedule this appeal
for oral argument once briefing has been completed."  There have
been no appeal briefs yet filed with the court.

The Court's Web site says that about 25% of the court's cases are
decided on the briefs that include oral argument. It means that the
Attorneys have to be prepared to answer questions from the panel of
judges. Oral arguments in federal circuit court are usually brief,
sometimes 15 minutes per side.

The author of the suggested reading is senior 11th Circuit Judge
John C. Godbold who was educated in Selma public schools,
graduated from Auburn and later Harvard Law School.  He began
practicing law with Richard T. Rives in Montgomery.

After the last needed transcript from district court is filed with the
court the Scrushy Attorney's may wait 100 to 130 days to present
their motion, and then the court can change their mind about hearing
the oral argument.

<link to source>

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E-mail
sent on the Gmail account of Juror B
to the e-mail account of Juror C at
10:09 p.m. Sunday night, June 25,
2006. This e-mail states in its
entirety:"

"....judge really helping
w/jurors...
still having difficulties with #30
...any ideas???
keep pushing on ur side
did not understand ur thoughts
on statute
but received links.
[first name of Juror B]
EXHIBIT 23 (emphasis added).
"
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