Monday, June 4, 2012

Judge Wingate says no to Minor & kicks Diaz off the case.

Judge Wingate to Paul Minor and Oliver Diaz: Nice try but no cigar. The civil suit in the Paul Minor case is like the Energizer bunny: it just keeps going and going with no end in sight. First filed in 2003 and stayed until 2007, it is now going into discovery. The suit is Peoples Bank v. USF&G Insurance. Judge Wingate disqualified Oliver Diaz from representing Paul Minor. He also denied the convicted attorney's motion for Judge Wingate to recuse himself from the case.

Legal beagles will know the story: Peoples Bank sued USF&G Insurance. Paul Minor represented the bank. Paul Minor co-signed a loan from the bank to the judge presiding over the case, Chancellor Walter Teel. No jury was convened as Judge Teel made all rulings and decisions from the bench. Judge Wingate said the papers about the loan were placed where they could not be easily found and misrepresentations were made as to its existence. He said the loan was only discovered when auditors discovered several loans to judges and asked for proof of collateral. The bank won a judgment of $1.5 million against USF&G. Then the feds entered the case, indictments and convictions abounded, and USF&G now wants it money back plus $1 million in damages.

Paul Minor filed a motion for recusal. The convict argued Judge Wingate was biased against him as he had presided over his criminal trials. Judge Wingate said nope, Mr. Minor had to provide concrete examples of bias, which he did not do. He also ruled Mr. Minor had to file the motion in a "timely manner", which he did not do.

Judge Wingate also disqualified Oliver Diaz from representing Paul Minor as his attorney. USF&G designated Mr. Diaz as a witness. After USF&G filed such designation, Mr. Diaz "became counsel for MInor". The rules of professional conduct prevent witnesses from acting as an attorney for a party in the same case. Judge Wingate stated Mr. Diaz had interfered with the release of a favorable ruling for USF&G in another case (Omnibank decision. USF&G was not a party) by the Mississippi Supreme Court while a justice so the trial court in the Peoples case would be unaware of its existence when it ruled in favor of the bank. Judge Wingate ruled the information was not privileged and Oliver Diaz can not act as an attorney for Paul Minor in this case.

The case is now in the discovery phase.



7 comments:

Anonymous said...

So are their any judges in Mississippi that aren't bought off by someone? And people wonder why everyone thinks lawyers are sleazy

Shadowfax said...

Good reporting. Tough to follow for those of us who do not sit in a high-rise with a view and rows of lawbooks covering at least two walls.

Anonymous said...

Mississippi will have to suffer another 20 years from having lawyers who never had to pass a bar exam and a state bar exam designed to keep out lawyers who didn't go to Ole Miss.

More and more national law firms ( something MS could have had without years of " keep out"),will continue to take over MS firms so change has begun.

But,too much is still who do you know and politics in the legal profession here.

Anonymous said...

I was a juror on two separate occasions in Judge Wingate's court. He always impressed me with the way he ran his courtroom.

Shadowfax said...

8:16; let me guess. You're 26, graduated from MC with a 2.8, got published in Rolling Stone and nobody will respond to your resume.

Anonymous said...

Where is Paul Minor incarcerated, and are his partners in crime still incarcerated, and if so, where? I don't know if some of the attempts for reduced time were successful.

Anonymous said...

Paul Minor, at Pensacola, release date 8/20/13

John Whitfield, at Lexington, KY, release date 6/5/13

Dickie Scruggs, at Montgomery, release date 2/20/15

Already released from prison:
Joey Langston
Sid Backstrom
Steve Patterson
Tim Balducci
Walter Teel
Zach Scruggs

Minor: arguments are set for July 10th before 5th Circuit Houston, Texas

Zach Scruggs: arguments are set for July 9th before 5th Circuit in New Orleans

Dickie Scruggs: arguments have not been scheduled yet.



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If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

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